Hira Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.21220 of 2015 Arising Out of PS.Case No. -65 Year- 2015 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Hira Sah S/o Ramdhani Sah .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhay Kumar Singh, Sr. Advocate For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal(App) For BSFC : Mr. Shailendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-05-2015 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 6600 quintals of paddy in the financial year 2013-14 and he was supposed to supply 4422 quintals of processed rice by 31.12.2014, but he could not supply 3682 quintals of processed rice worth Rs. 96,21,769.92/- and thereby misappropriated the said amount.
It is submitted by learned senior counsel for the petitioner that the FIR was lodged with undue haste in derogation to the terms of agreement between the petitioner and Bihar State
Patna High Court Cr.Misc. No.21220 of 2015 (2) dt.19-05-2015 2/3 Food Corporation. As per the Clause 3 of the agreement, the due amount could have been recovered by forfeiting the bank guarantee of Rs.5,00,000/- submitted by the petitioner. 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 4 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 for 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.96,21,769.92/- before the concerned authority of Bihar State Food and Civil Supplies Corporation Ltd. On deposit of the 20 % of the alleged due amount, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of
Patna High Court Cr.Misc. No.21220 of 2015 (2) dt.19-05-2015 3/3 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhabhua in connection with Kudra P.S. Case No.65 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