Praveen Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30645 of 2015 Arising Out of PS.Case No. -60 Year- 2015 Thana -MUFFASIL District- AURANGABAD ====================================================== Praveen Kumar, Proprietor M/S Maa Vaioshnav Rice Mill Khairi, Khaira Bind, S/o Late Karamdeo Singh, resident of village- Khairi, Khaira Bind, P.S.- Muffasil, District- Aurangabad .... .... Petitioner/s

Versus

1. State of Bihar

2. Bihar State Food and Civil Supplies Corporation Limited, Sone Bhawan, 5th floor, Birchand Patel Path, Patna-1 .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dshirendra Kumar Trivedi, Advocate For the B.S.F.C.

: Mr. A.N. Rai, Advocate For the Opposite Party/s : Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 30-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in Muffasil P.S. Case No. 60 of 2015 registered under sections 406, 409, 420 of the Indian Penal Code.

Prosecution case, in short, is that the petitioner being owner for rice mill has received paddy of 3674.64 quintals under an agreement to deposit 5456.80 quintals of C.M. R. but the petitioner has deposited only 2462 quintals of C.M.R and rest has not deposited and Rs. 24,08,122/- has been embezzled for personal benefit.

It has been submitted on behalf of the petitioner that as per the allegation the outstanding dues against the petitioner is of Rs. 24,08,122/- . It is further submitted that petitioner is ready to deposit 20% of the said amount within a

Patna High Court Cr.Misc. No.30645 of 2015 (2) dt.30-07-2015 period of six months.

On behalf of the State it has been submitted that the petitioner is named in the first information report and there is direct allegation against him.

Considering the aforesaid facts and circumstances, petitioner is directed to deposit 20% of Rs. 24,08,122/- before the State Food Corporation within a period of six months through bank draft.

In the meantime, the above named petitioner in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on provisional anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Muffasil P.S. Case No. 60 of 2015, subject to the conditions laid down under section 438(2) Cr.P.C. The provisional bail granted to the petitioner shall be confirmed by the court below, if the petitioner produces certificate showing that the 20% of the outstanding dues has been deposited by him before the State Food Corporation within a period of six months through bank draft.

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