Uday Prasad Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28248 of 2015 Arising Out of PS.Case No. -27 Year- 2015 Thana -HULASGANJ District- JEHANABAD ====================================================== Uday Prasad Singh .... .... Petitioner/s
Versus
State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-07-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406, 120B and 420 of the Indian Penal Code.
The prosecution case is that under an agreement the petitioner being the rice miller was supplied 1806 quintals of paddy by the Jehanabad unit of The Bihar State Food and Civil Supplies Corporation during the agriculture season 2012-13 when he was supposed to supply 1201.2 quintals of custom milled rice. The petitioner supplied only 540 quintals of custom milled rice but failed to supply 670 quintals of processed rice worth `14,50,960/-. It is submitted that processed rice could not be
Patna High Court Cr.Misc. No.28248 of 2015 (2) dt.17-07-2015 2/3 supplied due to laches on the part of the authorities of Bihar State Food Corporation and under the agreement there is provision of recovery of alleged amount by initiating certificate proceeding, though, Certificate Case No. 15 of 2014-15 has already been initiated. The petitioner is still ready to supply the balance processed rice though, statement to that effect has not been made in the petition.
It is submitted by Mrs. Manisha Singh, learned counsel for The 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 initiate legal action for recovery of due amount.
The petitioner undertakes to submit bank draft of 20% of alleged due amount within a period of six months in favour of The Bihar State Food and Civil Supplies Corporation, Patna, though such deposit will not amount to admission of the petitioner against the claim of informant.
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
Patna High Court Cr.Misc. No.28248 of 2015 (2) dt.17-07-2015 3/3 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., Jehanabad in connection with Hulasganj P.S. Case No. 27 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 submission of draft of 20% of alleged due amount within a period of six months. The above deposit will be subject to the result of certificate or any other proceeding (Dinesh Kumar Singh, J) Amrendra/- U T