Pramod Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34845 of 2016 ======================================================

1. Pramod Kumar son of Om Prakash Singh, Prop. of M/s Pramod Modern Rice Mill, Tegra resident of Village- Bishun Bigha, P.S.- Barun, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Manager, Bihar State Food and Civil Supplies Corporation, Aurangabad, Distt- Aurangabad.

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

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-09-2016 The present application has been filed for modification of the order dated 10.08.2015 passed in Cr. Misc. No. 32807 of 2015 for extending the period of provisional bail granted to the petitioner in a case registered for the offences punishable under Sections 406, 409, 420/34 of the Indian Penal Code.

The prosecution case is that Aurangabad unit of The Bihar State Food & Civil Supplies Corporation Limited supplied 4394.31 quintals of paddy to the petitioner being rice miller during the procurement year 2012-13. In lieu thereof the petitioner was supposed to supply 2944.20 quintals of custom milled rice but petitioner supplied only 1080 quintals of processed rice and failed to supply 1864.20 quintals of processed rice worth 40,37,011/-

Patna High Court Cr.Misc. No.34845 of 2016 (4) dt.21-09-2016 2/3 On submission of the counsel for the petitioner that petitioner is ready to deposit 20% of the alleged due amount, the petitioner was granted provisional anticipatory bail for a period of seven months and petitioner undertook to deposit 20% of the alleged amount within a period of six months through bank draft in favour of the Bihar State Food & Civil Supplies Corporation, Patna. The provisional bail of the petitioner was to be confirmed by learned Court below on deposit of 20% of the alleged due amount within a period of six months through bank draft in favour of the Bihar State Food & Civil Supplies Corporation, Patna.

It is submitted by learned counsel for the petitioner that the draft of the 20% of the alleged due amount could not be submitted within a period of six months. However, the petitioner has submitted the said draft thirteen days after the expiry of the stipulated period of submission of bank draft and the said draft has been accepted by the Bihar State Food & Civil Supplies Corporation. It is further submitted that bail bonds of the petitioner has still not been cancelled, 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 on instruction from the District Manager, Bihar State Food & Civil Supplies Corporation does not controvert the contention of the counsel for the petitioner.

Patna High Court Cr.Misc. No.34845 of 2016 (4) dt.21-09-2016 3/3 In the circumstances, the order dated 10.08.2015 passed in Cr. Misc. No. 32807 of 2015 is modified to the extent that the period of provisional bail of the petitioner is extended till 18th of October, 2016.

The provisional bail of the petitioner will be confirmed by learned Court below, if the petitioner files an affidavit bringing on record the proof with regard to the deposit of the 20% of the alleged due amount before the Bihar State Food & Civil Supplies Corporation, Patna.

Accordingly the modification application is disposed of in connection with Barun P.S. Case No. 57 of 2015, pending in the Court of learned Chief Judicial Magistrate, Aurangabad.

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