Mahesh Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5238 of 2015 Arising Out of PS.Case No. -336 Year- 2013 Thana -BARH District- PATNA ====================================================== Mahesh Prasad Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party : Mr. R.S. Pradhan, Sr. Adv. Mr. Jitendra Kr. Singh No.1(App) ====================================================== 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 420 and 409 of the Indian Penal Code.

It is alleged that the petitioner was supplied 2000 quintals of paddy by the State Food Corporation when he was supposed to supply back 1340 quintals of processed rice but only 807.83700 quintals of processed rice were supplied and 1903.13 quintals processed rice worth Rs. 10,12,776/- were not supplied. It is submitted by learned counsel for the petitioner that the petitioner had already supplied the entire processed rice. It is further submitted that certificate proceeding was initiated against the petitioner which was quashed by this Court. Mr. R.S. Pradhan, learned Sr. Counsel for State Food

Patna High Court Cr.Misc. No.5238 of 2015 (3) dt.12-03-2015 2/2 Corporation submits that the State Food Corporation is ready to settle the account if the petitioner appears along with relevant documents.

Considering the nature of dispute, let the above named petitioner be released on provisional anticipatory bail for four 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 A.C.J.M., Barh, Patna in connection with Barh P.S. Case No. 336 of 2013 , subject to the conditions as laid down under Section 438(2) Cr.P.C. The petitioner will appear before the concerned authority of the State Food Corporation within a period of two weeks when it is expected from the State Food Corporation to make attempt to finalize the account. If it is found that the petitioner has supplied entire due processed rice then the provisional bail of the petitioner will be confirmed by the learned court below otherwise the petitioner will either supply entire dues or surrenders before the learned and pray for regular bail. (Dinesh Kumar Singh, J) Amrendra/- U T