Pramod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4378 of 2016 Arising Out of PS.Case No. -1210 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Pramod Kumar Singh, Son of Late Ram Narayan Singh, Proprietor Ramayan Mini Rice Mill, Village- Mira Sarai, Police Station- Tillouthu, District- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vishwanath Prasad For the BSFC : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 26-04-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner being a rice mill owner apprehends his arrest in connection with a case registered for the offences punishable under Sections 409/420 of the Indian Penal Code. Learned counsel for the petitioner submits that there is defalcation of C.M.R. rice to the tune of Rs. 6109047.30/-. It is submitted of behalf of the petitioner that whatever may be the nature of allegations, the petitioner is willing and ready to pay 20% of the aforementioned alleged amount within a period of four months in equal installments from the date of receipt of a copy of this order.

Considering the aforementioned offer and in case the petitioner deposits the first installment within a period four weeks

Patna High Court Cr.Misc. No.4378 of 2016 (2) dt.26-04-2016 P2/2 from the date of receipt/production of a copy of this order, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sasaram in connection with Sasaram/Tillouthu P.S. Case No. 1210 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

It is made clear that the present order is subject to the deposition of first installment by the petitioner and the rest amount is to be paid by him in equal installments within four months. It is directed that the petitioner shall honour the undertaking given to this Court and shall all material times co-operate with investigation so that the case may reach its logical conclusion. However, if the petitioner fails to comply with the terms and conditions of this order including payment of the rest amount within the period stipulated, it shall be open to the opposite party to move this Court for modification/cancellation of this order. (Anjana Mishra, J) Saif/- U T