Binod Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.35245 of 2015 (11) dt.30-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35245 of 2015 Arising Out of PS.Case No. -54 Year- 2015 Thana -NASRIGANJ District- SASARAM (ROHTAS) ======================================================

1. Binod Kumar Son of late Ram Naraun Sah Proprietor of M/s Raj Lakshmi Rice Mill, At village - mauna, P.o-Tarao, Ps. Nasariganj, District Rohtas(Sasaram) .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Manager, Bihar State Food and Civil Supplies Corporation, Rohtas at Sasaram Bihar at Patna.

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

For the Petitioner/s : Mr. Sumeet Kumar Singh For the B.S.F.C. : Mr.Awadhesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 30-11-2015 Heard learned counsel for the petitioner and learned counsel for the Bihar State Food and Civil Supplies Corporation. The petitioner prays for anticipatory bail in a case registered under Sections 419, 420 and 406 of the Indian Penal Code.

The petitioner is a rice mill owner. It is alleged that the petitioner has been supplied 13000 quintals of paddy, against which 8710 quintals of C.M.R. rice was to be supplied to the respondent Corporation, whereas according to the first information report the petitioner has deposited 6209 quintals of C.M.R. rice. Learned counsel for the petitioner submits that the petitioner was actually supplied 11240 quintals of paddy and not

Patna High Court Cr.Misc. No.35245 of 2015 (11) dt.30-11-2015 13000 quintals of rice and thus the petitioner has practically supplied 85% of total rice, being 6480 quintals of C.M.R. rice. Therefore, no case of cheating on behalf of the petitioner is made out and the matter pertains only to the question of inter se accounting between the parties.

On a consideration of the facts and circumstances of the case, it is directed that the petitioner, Binod Kumar, in the event of his arrest/surrender in the court below within a period of four weeks from today, shall be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of Sri Basant Kumar, Judicial Magistrate, Ist Class, Bikramganj, District-Rohtas, in connection with Nasariganj P.S. Case No.54 of 2015, subject to the other conditions as laid down under Section 438 (2) of the Cr.P.C.

V.P.Sinha/- (Ramesh Kumar Datta, J) U