Rajeev Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.18582 of 2016 (2) dt.09-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18582 of 2016 Arising Out of PS.Case No. -108 Year- 2016 Thana -BANKA District- BANKA ====================================================== Rajeev Kumar, Proprietor Amrita Rice Mill Son of Sri Mahendra Prasad Sah resident of village - Takichak, P.O. Mirjanhat, P.S. Habibpur, District - Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Manager, Bihar State Food & Civil Supplies Corporation Limited, Banka .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suraj Samdarshi For the Opposite Party/s : Mr. Ashok Kumar Singh-I(App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 09-05-2016 Heard learned counsel for the petitioners and the State.

The petitioner apprehends his arrest in connection with Banka P.S. Case No. 108 of 2016 registered for offences punishable under Sections 406 and 420 of the Indian Penal Code. Petitioner claims to be rice miller being proprietor of Amrita rice mill. In view of the fact that he collected the paddy but did not supply the milled rice of an amount of Rs. 42,49,394/-, a certificate case was initiated against him in which he was ordered to deposit the money in installments. Petitioner claims that though he was depositing the money, the District Magistrate has lodged this First Information Report, whereas, learned counsel appearing for BSFC submits that petitioner stopped paying

Patna High Court Cr.Misc. No.18582 of 2016 (2) dt.09-05-2016 installment and thereafter he started paying Rs. 60,000/- in place of Rs. 75,000/- It is contended on behalf of the petitioner that even though it is assumed that petitioner defaulted in payment then action could have been taken by the certificate officer whereas the FIR has been lodged by the District Magistrate. Learned counsel for the petitioner undertakes that petitioner would follow the direction of the certificate officer and deposit the requisite instalment properly.

Having regard to the facts and circumstances of the case, let the petitioner, namely, Rajeev Kumar, be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Banka P.S. Case No. 108 of 2016, on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate Banka, subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J.) rinkee/-siddharth U T