Nilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9249 of 2015 Arising Out of PS.Case No. -7 Year- 2015 Thana -SAHAR District- BHOJPUR ====================================================== Nilesh Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Mistry, Adv. For the Opposite Party : Mr. R.S. Pradhan, Sr. Adv. Mr. Shailendra Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-03-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

It is alleged that the petitioner being the rice miller was supplied 5281.60 quintals of paddy by the State Food Corporation when the petitioner was supposed to supply 3538.67.200 quintals processed rice but only 540 quintals of processed rice were supplied but 2998 quintals of process rice worth Rs. 74,32,388.48/-were not supplied.

It is submitted by learned counsel for State Food Corporation that the period fixed under agreement for receiving the processed rice is already over and now the State Food Corporation is ready to receive the actual price of the paddy and a

Patna High Court Cr.Misc. No.9249 of 2015 (2) dt.12-03-2015 2/2 letter to that effect with certain condition has been issued on 21.01.2015 to the rice millers including the petitioner. Learned counsel for the petitioner submits that the petitioner is ready to return the due rice or reconcile the issue otherwise with the State Food Corporation.

Considering the above stand of the parties, 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 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Bhojpur in connection with Sahar P.S. Case No. 7 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned court below if the issue is reconciled between the parties within stipulated period of six months. (Dinesh Kumar Singh, J) Amrendra/- U T