Amar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2480 of 2019 Arising Out of PS. Case No.-223 Year-2018 Thana- ITARHI District- Buxar ====================================================== Amar Rai, son of Late Shaligram Roy, Resident of Village - Orap, POPasahara, P.S- Itarhi, District- Buxar. ... ... Petitioner/s

Versus

1. The State of Bihar

2. The Bihar State Food Corporation, Bihar.

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

For the Petitioner/s :

Mr.Binod Bihari Sinha For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2019 The petitioner apprehends his arrest in connection with Itarhi P.S.Case No. 223 of 2018 registered under Sections 406, 409 and 420 of the Indian penal Code.

Allegation against the petitioner is that he, being Chairman of Narayanpur PACS, has been supplied 2217 quintals of paddy, CMR of which comes to 1485.39 quintals but against that he has only supplied 270 quintals of CMR and has remained Rs. 1215.39 with the petitioner which cost comes to Rs. 30,36,834.22 and amount of rest gunny bags comes to Rs. 62,640/-.

Submission of learned counsel for the petitioner is that he has deposited the amount of gunny bags which will appear from Annexure-2 and so far due amount of CMR which comes to Rs. 30,36,834.22, petitioner is ready to pay the same if he is granted

Patna High Court Cr.Misc. No.2480 of 2019(4) dt.08-02-2019 2/2 bail.

Heard learned APP. Nobody appears on behalf of the Corporation.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with a direction to the petitioner to surrender before the court below within a period of four months from the date of receipt of a copy of this order, with a bank draft of Rs. 30,36,834.22 payable in the name of Central Co-operative Bank, Ara and once he deposits the same, the court below will release the petitioner on anticipatory bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Buxar in connection with Itarhi P.S. Case No. 223 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

However, till the period of four months, no coercive steps will be taken against the petitioner.

(Vinod Kumar Sinha, J) sujit/- U T