Kamendra Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10057 of 2016 Arising Out of PS.Case No. -213 Year- 2015 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Kamendra Singh Son of Rajeshwari Singh resident of village- Tilai, P.S.- Nokha (Dharampura), District- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Food and Civil Supplies Corporation, Bihar at Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Nirmal Kumar, Rana Randhir Singh and Mr. Lokesh, Advs.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is seeking anticipatory bail in connection with Nokha (Dharampura) P.S. Case No. 213 of 2015 registered under sections 406, 409 and 420 of the Indian Penal Code.

As per the complaint, the petitioner was handed over 6420 quintals of paddy, was required to return 4301.40 quintals of rice, but he had failed to discharge his duty and the outstanding amount against him comes to Rs. 63,91,433.78/- (sixty three lacs ninety one thousand four hundred thirty three rupees and seventy eight paisa).

It has been submitted that as per the allegation the

Patna High Court Cr.Misc. No.10057 of 2016 (2) dt.10-03-2016 2/2 outstanding dues against the petitioner is of Rs. 63,91,433.78/- The petitioner is ready to deposit 25% of the said amount within a period of five months.

Looking to the entire facts and circumstances, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from today be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Additional Chief Judicial Magistrate, Rohtas (Sasaram) in Nokha (Dharampura) P.S. Case No. 213 of 2015, subject to the conditions laid down under section 438(2) Cr.P.C. and also subject to the condition that he would deposit 25% of Rs.63,91,433.78/- (sixty three lacs ninety one thousand four hundred thirty three rupees and seventy eight paisa) before the Bihar State Food Corporation within a period of five months from today through bank draft. If the petitioner would fail to deposit 25% of the aforesaid outstanding amount within five months, this order will be treated to have been withdrawn. (Shivaji Pandey, J) Mahesh/- U T