Manoj Kumar @ Manoj Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12728 of 2016 Arising Out of PS.Case No. -73 Year- 2015 Thana -BADHAILA District- SASARAM (ROHTAS) ====================================================== Manoj Kumar @ Manoj Singh .... .... Petitioner/s
Versus
1. State of Bihar,
2. District Manager, BSFC, Rohtas at Sasaram .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Madhurilata (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2016 Heard learned counsels for the petitioner and the State. The petitioner being a rice miller is apprehending arrest in a case registered for the offences punishable under Sections 409,406 and 420 of the Indian Penal Code.
The prosecution case is that Sasaram unit of Bihar State Food and Civil Supplies Corporation Ltd. supplied 3120 quintals of paddy to the petitioner being rice miller under an agreement during the agricultural years 2012-13 in lieu thereof the petitioner was supposed to supply 2090.403 quintals of custom milled rice. The petitioner supplied only 539.60 quintals of processed rice but failed to supply 1550.80 quintals of processed rice worth Rs.33,58,350.45/-.
It is submitted by the learned counsel for the petitioner that the rice could not be supplied due to supply of poor quality of
Patna High Court Cr.Misc. No.12728 of 2016 (2) dt.28-03-2016 2/3 paddy and the apathetic attitude of the officials of The Bihar State Food and Civil Supplies Corporation Ltd. It is further submitted that the petitioner has already deposited 809.55 quintals of processed rice hence the due amount comes to Rs.27,73,757.53/-. Moreover, under agreement the due amount was supposed to be realized by initiating certificate proceeding under the provision of Bihar and Orissa Public Demands Recovery Act, 1914 or through arbitration.
It is submitted by Mr. Shailendra Kumar Singh, learned counsel for the BSFC that the petitioner failed to make supply within time frame i.e. 31.12.2013. It is further submitted that part of processed rice were not accepted due to its poor quality. However, it is submitted by learned counsel for the petitioner that the petitioner will deposit 20% of the alleged due amount of Rs.33,58,350.45/- through bank draft in favour of Bihar State Food and Civil Supplies Corporation Ltd. in four equal monthly installments within four months though statement to that effect has not been made in the petition.
Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for five months in the event of arrest or surrender before the learned Court below within a period of six weeks from today on
Patna High Court Cr.Misc. No.12728 of 2016 (2) dt.28-03-2016 3/3 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 8th ACJM Rohtas at Sasaram in connection with Baghaila P.S. Case No. 73 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
The aforesaid deposit will not be treated to be an admission of the petitioner with regard to the claim of the informant but the same will be subject to any recovery proceeding pending or initiated by the BSFC.
The provisional bail of the petitioner will be confirmed by the learned court below on submission of 20% of the due amount through bank draft within four months in four equal monthly installments in favour of Bihar State Food and Civil Supplies, Corporation Ltd., Patna.
(Dinesh Kumar Singh, J) Anil/- U T