Radhey Shyam Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27275 of 2015 Arising Out of PS.Case No. -66 Year- 2015 Thana -GHOSI District- JEHANABAD ====================================================== Radhey Shyam Sharma .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tapeshwar Sharma For the Opposite Party/s : Mr. Kalyan Shankar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-07-2015 Heard learned counsels for the petitioner and the State. The petitioner being a rice miller is apprehending arrest in a case registered for the offences punishable under Sections 406,409,420 and 120B of the Indian Penal Code. The prosecution case is that Jehanabad unit of Bihar State Food and Civil Supplies Corporation supplied 3000 quintals of paddy to the petitioner being rice miller under an agreement during the agricultural years 2013-14 and the petitioner was supposed to supply 2010 quintals of processed rice. The petitioner supplied only 540 quintals of processed rice but failed to supply 1470 quintals of processed rice worth Rs.36,43,483/-. It is submitted by the learned counsel for the petitioner that the rice could not be supplied due to apathetic attitude of the officials of the Bihar State Food and Civil Supplies Corporation

Patna High Court Cr.Misc. No.27275 of 2015 (2) dt.22-07-2015 2/3 and under agreement the due amount was supposed to be realized by initiating certificate proceeding under the provision of Bihar and Orissa Public Demands Recovery Act,1914 or through arbitration.

It is submitted by Mr. Awadhesh Kumar, learned counsel for the BSFC that the petitioner failed to make supply within time frame i.e. 31.12.2014 and the BSFC has already initiated legal proceeding being certificate case no. 16 of 2014-15. However, it is submitted by learned counsel for the petitioner that the petitioner will deposit 20% of the alleged due amount through bank draft in favour of State Food and Civil Supplies Corporation within six months.

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 six weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Jehanabad in connection with Ghoshi P.S. Case No. 66 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The aforesaid deposit will not be treated to be an

Patna High Court Cr.Misc. No.27275 of 2015 (2) dt.22-07-2015 3/3 admission of the petitioner with regard to the claim of the informant but the same will be subject to the certificate proceeding or any legal proceeding.

The provisional bail of the petitioner will be confirmed by the learned court below on submission of 20% of the due amount through bank draft within six months in favour of the Bihar State Food and Civil Supplies, Corporation, Patna.

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