Patna High CourtCR. MISC./28566/2015bail granted

Praveen Kumar v. State Of Bihar And ANR

2015-07-23Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28566 of 2015 Arising Out of PS.Case No. -65 Year- 2015 Thana -GHOSI District- JEHANABAD ======================================================

1. Praveen Kumar, Proprietor M/S Baba Rice Mill son of Brij Nandan Singh resident of village - Bandhuganj, Police Station - Ghosi, District - Jehanabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Manager, Bihar State Food Corporation Ltd., Jehanabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjan Kumar Sharan For the Opposite Party/s : Mr. Sanjay Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 23-07-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Ghosi P.S. Case No. 65 of 2015 registered for the offence under Sections-406, 409, 420, 120(B) of the Indian Penal Code and Section-7 of Essential Commodities Act.

Petitioner happens to be rice miller and took 5612 quintals paddy but returned only 2430 quintals rice and accordingly, he is said to have defalcated huge government money.

Learned counsel, appearing for petitioner submits that several persons are enjoying the privilege of anticipatory bail

Patna High Court Cr.Misc. No.28566 of 2015 (2) dt.23-07-2015 2/2 in different cases and moreover, even if, the prosecution story assumed to be true, then also, it is only violation of agreement for which, Bihar State Food and Civil Supply Corporation has right to institute certificate case.

Taking into consideration the aforesaid facts and circumstances as well as submission of the parties, in the event of his arrest or surrender within four weeks from the date of receipt/production of copy of order in the court below, let the petitioner named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Ghosi P.S. Case No. 65 of 2015 to the satisfaction of Sri Deshmukh, learned Sub Divisional Judicial Magistrate, Jehanabad subject to conditions as laid down u/S 438(2) of the Cr. P.C.

(Hemant Kumar Srivastava, J) A.K.V./- U T