Sakaldeo Singh @ Sakaldeo Prasad Singh v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.28539 of 2015 (2) dt.23-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28539 of 2015 Arising Out of PS.Case No. -25 Year- 2015 Thana -HULASGANJ District- JEHANABAD ======================================================

1. Sakaldeo Singh @ Sakaldeo Prasad Singh S/o - Late Ramchand Singh resident of village - Raghunathpur, P.S. - Hulasganj, District - Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Food & Civil Supply Corporation through its Managing Director, Bihar, Patna.

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

For the Petitioner/s : Mr. Sanjay Kumar For the State : Ms. Gulnar Begum (App) For opposite party no.2 Mr. A.N. Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 23.07.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Hulasganj P. S. case no. 25/2015 registered under sections 406, 409, 420 and 120B of the Indian Penal Code.

Petitioner happens to be rice miller and accusation against him is that he did not supply rice as per agreement executed between the parties and accordingly, it is alleged that he embezzled huge amount to the tune of Rs 14, 50, 925/-.

The contention on behalf of the petitioner is that having more or less several accused persons in different cases have already been granted privilege of anticipatory bail. It is also submitted that the petitioner is ready to deposit some amount in instalment without

Patna High Court Cr.Misc. No.28539 of 2015 (2) dt.23-07-2015 admitting the prosecution case. It is further contended by him that certificate case has already been instituted against him. In view of the aforesaid submissions, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Ist Class, Jehanabad/concerned court in Hulasganj P. S. case no. 25/2015 subject to conditions as laid down under section 438(2) of the Cr.P.C and furthermore, he shall deposit 25% of so-called defalcated amount within six months in four equal instalments from the date of execution of bail bonds with the concerned authority and shall produce receipts of the above stated deposit before the concerned court. Failure on the part of the petitioner shall give liberty to the concerned court to cancel the bail bonds of the petitioner.

shahid (Hemant Kumar Srivastava,J) U T