Nandlal Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.30292 of 2015 (2) dt.05-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30292 of 2015 Arising Out of PS.Case No. -42 Year- 2015 Thana -PHULWARIA District- GOPALGANJ ====================================================== Nandlal Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjya Kumar Chaubey For the Opposite Party/s : Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Fulwaria P.S. Case No. 42 of 2015 registered for the offences punishable under Section 409 of the Indian Penal Code.

Learned counsel for the petitioner submits that vide agreement dated 22.03.2014 the petitioner being the owner of the rice mill namely, M/s Sankat Mochan Rice Mill had agreed to supply the prepared rice after taking paddy from the corporation but he failed to do so and allegedly misappropriated the rice to the tune of Rs. 63,97,427/-. It is further submitted that after entering into the agreement, certain quantities of rice were, in fact, supplied but thereafter due to certain unavoidable circumstances, the rice mill owner could not find his part of obligation and consequently

Patna High Court Cr.Misc. No.30292 of 2015 (2) dt.05-08-2015 thereafter, certificate case bearing Certificate Case Nos. 63/2014-15 and 64 of 2014/15 has been lodged as per the agreement. It is further submitted that bank guarantee is also lying with the opposite party and therefore, the petitioner may not be subjected to prosecution and consequently arrested in pursuance of the present case. Learned counsel for the petitioner also refers to the order dated 30.07.2011 passed in Cr. Misc. No. 21320 of 2015 by which similarly situated coaccused person has been extended the privilege of anticipatory bail by referring the earlier order passed by co-ordinate bench of this court.

Considering the aforementioned facts and circumstances of the case and after perusing the bail application and also the terms of agreement, let the petitioner, in the event of his/their arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Gopalganj in connection with Fulwaria P.S. Case No. 42 of 2015 , subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Anjana Mishra, J) Jagdish/- U T