Vinod Singh @ Vinod Kumar Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26106 of 2015 Arising Out of PS.Case No. -151 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================
1. Vinod Singh @ Vinod Kumar Singh S/o Sachchidanand Singh resident of village - Harinathpur, P.S. Mohania, District - Kaimur ( Bhabua ) .... .... Petitioner/s
Versus
1. The State of Bihar
2. The District Manager, State Food Corporation, Kaimur at Bhabua .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Sanjay Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-07-2015 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 409 and 420 of the Indian Penal Code.
The prosecution case is that Kaimur unit of Bihar State Food and Civil Supplies Corporation supplied 2000 quintals of paddy to the petitioner being rice miller under an agreement during the agricultural years 2012-13 and the petitioner was supposed to supply 1340 quintals of processed rice. The petitioner supplied only 269 quintals of processed rice and failed to supply 1071 quintals of processed rice worth Rs.2319315.00/-. It is submitted by the learned counsel for the petitioner
Patna High Court Cr.Misc. No.26106 of 2015 (2) dt.17-07-2015 2/3 that the rice could not be supplied due to apathetic attitude of the officials of the Bihar State Food and Civil Supplies Corporation 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. 31.12.2013 and the BSFC has already initiated legal proceeding being certificate case no. 40 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 CJM, Kaimur at Bhabua in connection with Mohania P.S. Case No. 151 of 2015 subject to the conditions as laid down under Section
Patna High Court Cr.Misc. No.26106 of 2015 (2) dt.17-07-2015 3/3 438(2) Cr.P.C.
The aforesaid deposit will not be treated to be an 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