Sri Sanjeet Prasad @ Sanjit Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20033 of 2015 Arising Out of PS.Case No. -88 Year- 2015 Thana -BUXAR MUFFSIL District- BUXAR ====================================================== Sri Sanjeet Prasad @ Sanjit Prasad S/o Bharat Prasad Resident of Village Pandey Patti, P.S. Buxar (M), District Buxar. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 01-07-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Buxar (M) Case No. 88 of 2015 registered under Sections 406/420/120(B) of the Indian Penal Code.

The accusation is that petitioner, being the rice miller, entered into an agreement with the State Food Corporation and received 21980 quintal of paddy to return 14726 quintals rice, but the petitioner returned only 12570 quintals rice and misappropriated rest rice worth of Rs. 4668641/-. Learned counsel appearing on behalf of the petitioner submits that in fact, it is the duty of the Bihar State Food Corporation to collect the prepared rice, but due to rainy season, the bags of rice were damaged and also the quality of the rice was reduced, as a result of which the Food Corporation refused to take

Patna High Court Cr.Misc. No.20033 of 2015 (3) dt.01-07-2015 2/2 the rice as per agreement. If there is any default committed by the party, recovery was to be made through certificate proceeding. It is also submitted in similar case Ashok Kumar Singh has been allowed anticipatory bail by a Bench of this Court vide Cr. Misc. No. 23971 of 2015 on 22.05.2015.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Buxar in connection with Buxar (M) Case No. 88 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Rajendra Kumar Mishra, J.) Shail/- U T