Mohan Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27784 of 2015 Arising Out of PS.Case No. -105 Year- 2015 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================
1. Mohan Shah S/o Birju Shah R/o Dhawachhuan, P.S. Nawanagar, District - Buxar Proprietor M/s Radha Mohan Enterprises, Industrial Area, Buxar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kumar Singh For the Opposite Party/s : Mr. Sangita Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-07-2015 Heard both sides.
The petitioner apprehends his arrest in a case under Section 406, 420 and 120B of the Indian Penal Code. The petitioner lifted 4500 quintals of paddy for milling. The petitioner had to deliver 3015 quintals of CMR (rice) but the petitioner delivered only 269.26 quintals. It is submitted that the petitioner has delivered 1315 quintals of rice and only about 2000 quintals is lying due against the petitioner. The petitioner is ready to deposit the 20% of the total amount, i.e., 52, 25, 502/- within six months subject to rendition of accounts.
Considering the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned
Patna High Court Cr.Misc. No.27784 of 2015 (2) dt.22-07-2015 2/2 court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to 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 learned Chief Judicial Magistrate, Buxar in Buxar Industrial Area P.S. Case No. 105 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with a further condition that the petitioner shall deposit 20% of the remaining amount lying due against him within six months from the date of his release. In the event, the petitioner fails to deposit 20% of the remaining amount lying due against him, as aforesaid, his bail bonds shall be cancelled by the learned court below. (Prabhat Kumar Jha, J) BKS/- U T