Bharat Rai @ Bharat Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.16932 of 2015 (6) dt.02-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16932 of 2015 Arising Out of PS.Case No. -15 Year- 2015 Thana -ARA MUFFSIL District- BHOJPUR ====================================================== Bharat Rai @ Bharat Yadav Son of Shiv Mangal Rai @ Shiv Mandir Yadav Resident of village - Jamira, P.S. Ara Muffasil, District - Bhojpur ( Bihar ) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. Rajendra Singh Shastri Jee (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-07-2015 Heard both sides.

The petitioner apprehends his arrest in Ara Muffassil P.S. Case No. 15 of 2015, registered for the offences punishable under Sections 420, 467, 468 and other Sections of the Indian Penal Code.

The petitioner took 8000 quintal of paddy from the godown of Bihar State Food and Civil Supply Corporation between 16.07.2014 to 23.08.2014. The petitioner had to deliver 5360 quintal of rice but the petitioner did not deliver even a chhataq and total price of the rice comes to Rs. 1,32,85,081.60/-. Learned counsel for the petitioner submits that the petitioner is ready to pay 30% amount of the total amount within one month.

If the petitioner deposit 30% of Rs. 1,32,85,081.60/- in

Patna High Court Cr.Misc. No.16932 of 2015 (6) dt.02-07-2015 the account of Bihar State Food and Civil Supplies Corporation, Patna, 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 anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Muffassil P.S. Case No. 15 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

It is further made clear that if the petitioner fails to deposit the remaining amount within six months, thereafter Bihar State Food and Civil Supplies Corporation shall be at liberty to put on auction the property of the petitioner mortgaged with BSFC. After dictating the entire order, learned counsel for the petitioner seeks permission to withdraw this anticipatory bail petition.

Accordingly, this anticipatory bail petition is dismissed as withdrawn.

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