Daya Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22546 of 2015 Arising Out of PS.Case No. -152 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Daya Shankar Singh S/o late maharaj Narayan Singh, resident of VillageBhundi Tekari, P.S.-Mohania, District - Kaimur (Bhabua) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh(App) For the BSFC : Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-05-2015 Heard learned counsels for the petitioner, Bihar State Food Corporation and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

It is alleged that the petitioner being rice miller was supplied 6254.93 quintals of paddy in the financial year 2012-13 and he was supposed to supply 4190.80 quintals of processed rice by 31.12.2014, but he could not supply 3380.80 quintals of processed rice worth Rs.

73,21,325.25/- and thereby misappropriated the said amount.

It is submitted by learned senior counsel for the petitioner that the rice could not be supplied due to fault on behalf of the Bihar State Food Corporation itself and the FIR was lodged

Patna High Court Cr.Misc. No.22546 of 2015 (2) dt.22-05-2015 2/3 with undue haste in derogation to the terms of agreement between the petitioner and Bihar State Food Corporation. As per Clause 16 of the Agreement the matter may be referred to the Arbitrator, the District Collector. Clause 13 of the Agreement also stipulates forfeiture of bank guarantee and attachment of pledged immovable property. The Clause 15 of the Agreement stipulates recovery of the due amount by initiation of certificate proceeding under the Bihar and Orissa Public Demands Recovery Act, 1914. It is submitted by Mr. Shailendra Kumar Sinha, learned counsel for the Bihar State Food Corporation that as per the Clause 12 of the Agreement the Bihar State Food and Civil Supplies Corporation Ltd.

is entitled to recover the due amount with penal interest and the corporation has decided not to receive the rice after the cut-off date of supply i.e. 31.12.2014. The learned senior counsel for the petitioner further submits that the petitioner is ready to deposit 20 % of the due amount of Rs. 73,21,325.25/- before the concerned authority of Bihar State Food and Civil Supplies Corporation Ltd.

Patna High Court Cr.Misc. No.22546 of 2015 (2) dt.22-05-2015 3/3 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Mohania P.S. Case No.152 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The present order will not preclude the Bihar State Food Corporation to recover the rest due amount under the terms of the Agreement.

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