Jitendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33967 of 2015 Arising Out of PS.Case No. -64 Year- 2015 Thana -KARAKAT District- SASARAM (ROHTAS) ====================================================== Jitendra Kumar Singh Son of Late Sri Niwas Singh Proprietor of M/s S.N.G. Mini Modern Rice Mill at village - Karup, P.S. Karakat, District - Rohtas ( Sasaram ) .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sumeet Kumar Singh, Advocate.

For the Opposite Party : Ms. Pushpa Sinha-Ii(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-10-2015 Heard both sides.

The petitioners apprehend their arrest in registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

The petitioner lifted 9000.00 quintals of paddy and he had to deliver 6030.00 quintals of C.M.R. till 30.04.2013, but the petitioner deposited only 4583.30 quintals of C.M.R. in the godown of the B.S.F.C. The petitioner is alleged to have misappropriated 1446.70 quintals of C.M.R. the cost of which comes to Rs. 27,53,258.17/-.

It is submitted that the petitioner is ready to deposit 20 percent of Rs. 27,53,258.17/- within eight months from the date of receipt of this order. It is further submitted that a Certificate Case is also pending against the petitioner for realization of the

Patna High Court Cr.Misc. No.33967 of 2015 (3) dt.16-10-2015 2/2 aforesaid amount.

Learned APP however opposed the prayer for anticipatory bail, but none appears on behalf of the B.S.F.C. Considering the facts aforesaid and the fact that a Certificate Case is also going on for realization of the aforesaid amount and the fact that the petitioner is ready to deposit 20 percent of Rs. 27,53,258.17/- within eight months from the date of receipt of this order, the petitioner above named, 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 bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in Karakat P.S. Case No. 64 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and if the petitioner fails to deposit the 20 percent of Rs. 27,53,258.17/- within eight months from the date of receipt of this order, the learned court below shall cancel the bail bond of the petitioner.

(Prabhat Kumar Jha, J.) KKSINHA/- U T