Mukesh Kumar Yadav v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.34251 of 2015 (2) dt.07-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34251 of 2015 Arising Out of PS.Case No. -287 Year- 2015 Thana -SAHARSA District- SAHARSA ====================================================== Mukesh Kumar Yadav Son of Lakshmi Narayan Yadav Proprietor of Prince Rice Mill Shivpuri,Ward No. 14, P.s and District Saharsa .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District manager,B.S.F.C. Madhepura.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Anand For the Opposite Party/s : Mr. Anuradha Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-08-2015 Heard learned counsel for the petitioner, BSFC and learned counsel for the State.

The petitioner apprehends his arrest in connection with Sadar P.S. Case No. 287 of 2015 registered for the offences punishable under Section 406/409/420 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation of defalcation of Rs. 2,31,02,562/- has been made against the petitioner. It has been alleged that in violation of terms of agreement, the petitioner has not returned the rice for the paddy received by him.

Learned counsel for the Corporation submits that if the petitioner is willing to deposit 20 per cent of the aforesaid amount, he may be extended the privilege of anticipatory bail, as

Patna High Court Cr.Misc. No.34251 of 2015 (2) dt.07-08-2015 per the direction by this court. It is further submitted that several other similarly situated accused persons have been extended the privilege of anticipatory bail by this Court. Considering the stand taken by the BSFC and agreed upon by the petitioner subject to condition that petitioner shall deposit the aforesaid 20 percent of the alleged misappropriate amount within a period of 8 months from today, let the petitioner, in the event of their arrest or surrender before the court below within a period of two weeks from the date of receipt/production of a copy of this order, is/are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Saharsa in connection with Sadar P.S. Case No. 287 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

(Anjana Mishra, J) Jagdish/- U