Patna High CourtCR. MISC./40388/2015disposed

Balbir Kumar Singh v. State Of Bihar And ANR

2015-10-09Mr. Justice V.N. Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40388 of 2015 Arising Out of PS.Case No. -44 Year- 2015 Thana -AKORHI GOLA District- SASARAM (ROHTAS) ====================================================== Balbir Kumar Singh, Son of Ramjee Singh, Prop. M/s Sri Ram Enterprises, Mill Code - 86, Resident of Village + P.O. - Gamharia, P.S. - Akorhi Gola, District - Rohtas.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The District Manager, Bihar State Food & Civil Supplies Corporation, Rohtas, Sasaram.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr.

For the Opposite Party : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 09-10-2015 Heard learned counsel for the petitioner and the State.

Petitioner is a rice miller. He was entrusted with 14816 quintals of paddy for milling. Having milled the said paddy he deposited 8892 quintals of rice. Present First Information Report has been lodged against him for his failure to deposit 1034 quintals of rice. It is submitted on behalf of the petitioner that 1034 quintals of rice could not be deposited as there was difficulty with the Food Corporation of India to receive the same, when the Food Corporation of India Authorities

Patna High Court Cr.Misc. No.40388 of 2015 (2) dt.09-10-2015 became ready by that time the rice was damaged. Be that as it may, as in other cases millers have been directed to be released on bail on deposit of 20% of the amount due from them, let petitioner also deposit 20% of Rs. 22,40,000/- and odd within four weeks from the date of receipt/production of a copy of this order in the court below, thereafter be released on bail on furnishing bond of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram in connection with Akorhi Gola P.S. Case No. 44/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. It is made clear that deposited amount shall be subject to the result of Akorhi Gola P.S. Case No.

44/2015.

(V.N. Sinha, J) P.K.P.

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