Narsingh Yadav v. The State Of Bihar Through The District Manager, State Food And Civil Supplies Corporation Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18204 of 2017 ====================================================== Narsingh Yadav Son of Shiv Murat Yadav, Resident of Village- Salthua, P.S.- Kudra, District- Kaimur.

.... .... Petitioner/s

Versus

The State of Bihar through the District Manager, State Food & Civil Supplies Corporation Limited Kaimur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Buxi S.R.P. Sinha, Sr. Advocate Mr. Ajay Nandan Sahay For the BSFC Mr. Harish Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-05-2017 Heard Mr. Buxi S.R.P. Sinha in support of the present applications which seeks modification/extension in the order dated 14.09.2016 passed in Cr. Misc. No. 33634 of 2016 as well as Mr. Harish Kumar appearing for the Bihar State Food and Civil Supplies Corporation (for short 'the Corporation'). Under order dated 14.09.2016, the petitioner was directed to be provisionally released for a period of six months on payment of 10% of the defalcated amount as reflected in the FIR. Within six months thereafter, he was required to deposit another instalment of 20% of the defalcated amount in order to get confirmation of the provisional bail. The said period of provisional bail was to expire by the end of April, 2017. On

Patna High Court Cr.Misc. No.18204 of 2017 (2) dt.10-05-2017 2/3 07.04.2017, the present application has been filed seeking extension in time granted for deposit of 20% of the defalcated amount as directed under the said order.

Mr. Harish Kumar, appearing for the Corporation, has submitted that the matter regarding grant of anticipatory bail in such cases has traveled up to the Supreme Court at the instance of the Corporation wherein a general direction has been issued in respect of the case(s) filed against the paddy miller(s) some of which are to be complied with by the paddy miller(s) like the petitioner before they are granted the anticipatory bail. A copy of the said order passed in Special Leave to Appeal (Crl.) No.1779 of 2016 has been handed in by him which is taken on record and marked "X' for identification.

Mr. Sinha looking to the said order submits that if an extension is granted, the petitioner would also fully comply with the relevant conditions imposed by the Supreme Court in the said order.

Considering the said stand taken by Mr. Sinha, the present application is allowed. The period of provisional bail granted under order dated 14.09.2016 passed in Cr. Misc. No. 33634 of 2016 is extended by 04 months subject to the condition that in the meanwhile the petitioner shall comply with the order

Patna High Court Cr.Misc. No.18204 of 2017 (2) dt.10-05-2017 3/3 dated 14.09.2016 passed in Cr. Misc. No. 33634 of 2016 in its entirety as well as the relevant condition(s) imposed on the rice miller(s), like the petitioner, by the Supreme Court in the said order.

The application is allowed in the aforesaid terms. (Kishore Kumar Mandal, J) HR/- U T