Chote Lal Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12191 of 2016 ======================================================

1. Chote Lal Prasad, Son of Late Basudeo Prasad, Resident of VillageTikulia, Police Station- Chanpatia, District- West Champaran. at present the Proprietor of M/s Vivek Mini Rice Mill, Gunda Chock, Chandan Nagar Gulab Bag, Police Station- Sadar Gulab Bag, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Food & Civil Supplies Corporation, Government of Bihar, Patna.

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

For the Petitioner/s : Mr. Zainul Abedin, Advocate For the Opposite Party/s : Mr. Ashok Kr.Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-11-2016 Learned counsel for the petitioner is permitted to make correction in the main petition.

The present application has been filed for modification of order dated 11.08.2015 passed in Cr. Misc. No. 32460 of 2015 to the extent of extending the period of provisional bail, registered under Sections 406, 420 of the Indian Penal Code.

The petitioner was granted provisional anticipatory bail for six months on readiness to deposit 20% of the alleged due amount of Rs. 26,68,712/- through draft in favour of the Bihar State Food and Civil Supplies Corporation Limited within five months.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.12191 of 2016 (3) dt.16-11-2016 petitioner that 20% of the alleged amount could not be deposited within five months, but now draft of the 20% of the alleged due amount has been submitted. The bail bond of the petitioner has not been cancelled, though statement to that effect has not been made in the petition.

It is submitted by Mr. Shailendra Kumar Singh, learned counsel for the Bihar State Food and Civil Supplies Corporation Limited that as per the instruction received from the District Magistrate, Madhepura, the petitioner has submitted the draft of 20% of the alleged due amount. In the circumstances, the order dated 11.08.2015 is modified to the extent that provisional bail of the petitioner is extended till 12th of December, 2016.

The learned court below will confirm the bail bonds of the petitioner on filing of proof of submission of draft of 20% of the alleged due amount.

Accordingly, this modification application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T