Rama Pati Rai v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.27040 of 2015 (3) dt.21-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27040 of 2015 Arising Out of PS.Case No. -128 Year- 2015 Thana -DUMRAUN District- BUXAR ====================================================== Rama Pati Rai S/o Sri Ras Bihari Rai R/o Village - Purana Bhojpur, P.O. + P.S. Dumraon, District - Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shree Kant Pandey, Advocate For the Opposite Party/s : Mr. G. Begum, For the B.S.F.C. : Mr. Awadhesh Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-09-2015 Heard learned counsel for the petitioner and learned counsel for the B.S.F.C.

The petitioner apprehends his arrest in connection with Dumraon P.S. Case No. 128 of 2015 registered for the offences punishable under Sections 409, 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation as has been made against the petitioner for defalcation of paddy is to the tune of Rs. 1,10,71,632/- (one crore, ten lakhs, Seventy One Thousand and Six Hundred and Thirty Two). It is further submitted that as has been the order passed in other cases of rice mill owner, the petitioner is willing and ready to deposit the 20 per cent of the alleged defalcated amount.

Be that as it may, let the petitioner deposit 20 per

Patna High Court Cr.Misc. No.27040 of 2015 (3) dt.21-09-2015 cent of the aforesaid defalcated amount within a period of one year from today.

Considering the bonafide offer made by the petitioner, let the petitioner above named, in the event of his 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 Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No. 128 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

However, it is made clear that if petitioner fails to deposit the aforesaid amount as submitted by the petitioner, it will be open for the BSFC to take appropriate legal recourse. (Anjana Mishra, J) Jagdish/- U T