Roshan Kumar @ Roushan Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4702 of 2016 Arising Out of PS.Case No. -56 Year- 2015 Thana -BIKRAMGANJ District- SASARAM (ROHTAS) ====================================================== ROSHAN KUMAR @ ROUSHAN KUMAR .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Ranjan For the Opposite Party/s : Mr. Anil Kumar Singh 1(App) For the BSFC : Mr. A.N. Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-02-2016 Heard learned counsels for the petitioner and the State. The petitioner being a rice miller is apprehending arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code and section 7 of the E.C. Act. The prosecution case is that Sasaram unit of Bihar State Food and Civil Supplies Corporation Ltd. supplied 7000 quintals of paddy to the petitioner being rice miller under an agreement during the agricultural years 2013-14 in lieu thereof the petitioner was supposed to supply 4690 quintals of custom milled rice.
The petitioner supplied only 1080 quintals of processed rice but failed to supply 3610 quintals of processed rice worth Rs.8947601.60/-.
Patna High Court Cr.Misc. No.4702 of 2016 (2) dt.04-02-2016 2/3 Food and Civil Supplies Corporation Ltd. Moreover, under agreement the due amount was supposed to be realized by initiating certificate proceeding under the provision of Bihar and Orissa Public Demands Recovery Act, 1914 or through arbitration. However, learned counsels for the petitioner and the BSFC are not in a position to submit whether certificate proceeding has been initiated or not.
It is submitted by learned counsel for the BSFC that the petitioner failed to make supply within time frame i.e. 31.12.2014. However, it is submitted by learned counsel for the petitioner that the petitioner is ready to deposit 20% of the alleged due amount through bank draft in favour of Bihar State Food and Civil Supplies Corporation Ltd. in five equal monthly installments within five months though statement to that effect has not been made in the petition.
Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for six months in the event of arrest or surrender before the learned Court below within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM Rohtas at Sasaram in connection with Bikramganj P.S. Case No.
Patna High Court Cr.Misc. No.4702 of 2016 (2) dt.04-02-2016 3/3 56 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
The aforesaid deposit will not be treated to be an admission of the petitioner with regard to the claim of the informant but the same will be subject to the any recovery proceeding either pending or to be initiated. The provisional bail of the petitioner will be confirmed by the learned court below on submission of 20% of the due amount through bank draft within five months in five equal monthly installments in favour of Bihar State Food and Civil Supplies, Corporation Ltd., Patna.
(Dinesh Kumar Singh, J) Anil/- U T