Shiv Sharan Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29414 of 2015 Arising Out of PS.Case No. -112 Year- 2015 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Shiv Sharan Pandey S/o late Bindo Pandey Proprietor Jagadamba Rice mill and post - hathiyawan, Ps. shekhapura, District Shekhpura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Food and Civil Supplies Corporation, Patna, Bihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Krishna Mohan Mishra For the BSFC : Mr. Awadhes Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-07-2015 Heard learned counsel for petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Sheikhpura P.S. Case No. 112 of 2015 registered under Sections-409, 406 & 420 of the Indian Penal Code. Petitioner happens to be rice miller and entered into an agreement with Bihar State Food & Civil Supply Corporation Ltd. Sheikhpura and agreed to supply rice in lieu of paddy but according to prosecution case, he failed to supply 721 quintals of rice causing damage to corporation to the tune of Rs. 13,22,657.00/- The contention on behalf of the petitioner is that

Patna High Court Cr.Misc. No.29414 of 2015 (2) dt.30-07-2015 2/2 there was dispute between the parties in respect of supply of paddy and moreover, the corporation has already instituted certificate case against the petitioner. It is also pointed out on behalf of petitioner that the corporation lodged several cases against the different persons and several persons have already been granted privilege of anticipatory bail by different benches of this court. Accordingly, it is ordered that the petitioner named above, 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, shall 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 Sheikhpura P.S. Case No. 112 of 2015 to the satisfaction of Chief Judicial Magistrate, Sheikhpura subject to conditions as laid down u/S 438(2) of the Code of Criminal Procedure. (Hemant Kumar Srivastava, J) A.K.V./- U T