Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26559 of 2015 Arising Out of PS.Case No. -180 Year- 2015 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Rajesh Kumar Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Shardanand Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-07-2015 Heard learned counsels for the petitioner and the State. The petitioner being the rice miller is apprehending arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code. The prosecution case is that under an agreement the petitioner was supplied 4000 quintals of paddy by the Kaimur unit of Bihar State Food and Civil Supplies Corporation during the agriculture season 2012-13 when he was supposed to supply 2680 quintals of custom milled rice by 31.12.2013 but the petitioner supplied only 1080 quintals of custom milled rice and failed to supply 1600 quintals of processed rice worth `34,64,896/-. It is submitted that processed rice could not be supplied due to laches on the part of the authorities of Bihar State Food Corporation and under Clause 15 and 16 of the Agreement, there

Patna High Court Cr.Misc. No.26559 of 2015 (2) dt.03-07-2015 2/3 is provision of recovery of amount by initiating certificate proceeding under Bihar and Orrisa Public Demand Recovery Act, 1914, or getting the issue settled through arbitration though, the certificate proceeding being Certificate Proceeding No. 91 of 2014-15 has already been initiated. The petitioner is still ready to supply the balance processed rice.

It is submitted by Mr. Shailendra Kumar Singh, learned counsel for Bihar State Food and Civil Supplies Corporation that the petitioner failed to supply the processed rice within stipulated period and under the agreement, The Bihar State Food and Civil Supplies Corporation is entitled to lodge criminal case. The petitioner undertakes to deposit 20% of alleged due amount within a period of six months in favour of The Bihar State Food and Civil Supplies Corporation through bank draft which will be subject to the result of certificate proceeding. Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for seven months, 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Kaimur at Bhabhua in connection with Bhabhua P.S. Case No.

Patna High Court Cr.Misc. No.26559 of 2015 (2) dt.03-07-2015 3/3 180 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned court below on deposit of 20% of alleged due amount within a period of six months.

(Dinesh Kumar Singh, J) Amrendra/- U T