Pankaj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11451 of 2016 ====================================================== Pankaj Singh S/o Ganesh Singh Resident of Village - Maharajganj, P.S. - Kachhawa, District - Rohtas.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dineshwar Mishra, Adv. For the Opposite Party/s : Mr. Satyendra Narayan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-08-2016 The present application has been filed for modification of the order dated 15.09.2015 passed in Cr. Misc. No. 37044 of 2015 to the extent of extending the period of deposit of undertaken amount and the period of provisional bail. The prosecution case is that under an agreement the petitioners being the rice millers were supplied 3900 quintals of paddy by the Sasaram Unit of the Bihar State Food and Civil Supplied Corporation during the agriculture season 2012-2013 in lieu thereof the petitioner was supposed to supply 2613 quintals of custom milled rice but he supplied only 1080 quintals of custom milled rice and failed to supply 1533 quintals of processed rice worth `33,19,803.41/-.

The petitioner was granted provisional anticipatory bail for a period of five months on his undertaking to deposit 20%

Patna High Court Cr.Misc. No.11451 of 2016 (4) dt.31-08-2016 2/3 of the alleged due amount of `33,19,803.41/- through bank draft within a period of four months in four equal four installments. It is submitted by the learned counsel for the petitioners that though, the petitioner could not submit the bank draft of 20% of the alleged due amount but now he has deposited the same and the bail bonds of the petitioners have not been cancelled till date, though, statement to that effect has not been made in the petition.

Mr. Shailendra Kumar Singh, learned counsel for the Bihar State Food & Civil Supplies Corporation has submitted that the petitioners have deposited 20% of the alleged due amount. In the circumstances, the provisional bail of the petitioner is extended by 20th of September, 2016 in connection with Kachhawa P.S. Case No. 20 of 2015, pending in the court of learned JM, 1st Class, Bikramganj, Rohtas.

The provisional bail of the petitioners will be confirmed by the learned court below on filing proof by the petitioners with regard to deposit of 20% of the alleged due amount.

Accordingly, the modification application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T

Patna High Court Cr.Misc. No.11451 of 2016 (4) dt.31-08-2016 3/3