Niraj Singh @ Niraj Kumar Singh v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.54590 of 2015 (2) dt.07-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54590 of 2015 Arising Out of PS.Case No. -157 Year- 2015 Thana -SUPAUL District- SUPAUL ======================================================

1. Niraj Singh @ Niraj Kumar Singh son of Birendra Narayan Singh Proprietor of Rahul Rice Udyog, Patuaha, Saharsa, Resident of village Bara, Police Station Gwalpara, District Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Food & Civil Supplies Corporation through its Managing Director.

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s Mr. A.K.Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 07.12.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner being rice miller is said to have defalcated government money but submission on behalf of the petitioner is that even if the prosecution story assumed to be true for the sake of convenience, then also, it is only a case of breach of contract. It is further contended by him that so far as realization of money is concerned, a certificate case has already been filed. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul in Supaul P. S. case no. 157/2015.

shahid (Hemant Kumar Srivastava,J) U T