Kamlesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48902 of 2015 ======================================================
1. Kamlesh Singh S/o Vikrama Singh @ Vinay Singh, r/o Village Jaipur, P.S. - Itarhi, District - Buxar, Bihar Proprietor M/s Chandan Mini Rice Mill, Industrial Area, Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surendra Kumar Singh For the Opposite Party/s : Mr. Arun Kumar Singh No.-5 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-08-2016 The present application has been filed for modification of the order dated 25.06.2015 passed in Cr. Misc. No. 23311 of 2015 for extending the period of deposit of 20% of the alleged due amount.
The prosecution case is that Buxar unit of The Bihar State Food & Civil Supplies Corporation supplied 8000 quintals of paddy to the petitioner being rice miller during the procurement year 2012-13. In lieu thereof the petitioner was supposed to supply 5360 quintals of custom milled rice but petitioner supplied only 2420.04 quintals of processed rice and failed to supply 2940 quintals of processed rice worth Rs. 55,95,134/-.
The petitioner was granted provisional anticipatory bail for a period of five months on readiness of the petitioner to deposit 20% of the alleged due amount in four
Patna High Court Cr.Misc. No.48902 of 2015 (2) dt.10-08-2016 2/3 months through bank draft in favour of the Bihar State Food & Civil Supplies Corporation, Patna. The provisional bail of the petitioner was to be confirmed by learned Court below on deposit of 20% of the alleged due amount within a period of four months through bank draft in favour of the Bihar State Food & Civil Supplies Corporation, Patna.
It is submitted by learned counsel for the petitioner that though the petitioner could not deposit 20% of the alleged due amount within a period of four months but now the petitioner has already deposited 20% of the alleged due amount. A certificate to that effect has been issued by the District Manager, Bihar State Food & Civil Supplies Corporation. It is further submitted that bail bonds of the petitioner has not been cancelled.
Mr.
Shailendra Kumar Singh, learned counsel for the Bihar State Food & Civil Supplies Corporation does not controvert this fact that certificate of deposit of 20% of the alleged due amount has already been issued by the competent authority.
In the circumstances, the order dated 25.06.2015 passed in Cr. Misc. No. 23311 of 2015 is modified to the extent that the period of provisional bail of the petitioner is extended till 30th of August, 2016. Let learned Court below pass appropriate order for the confirmation of the provisional bail of the petitioner on filing proof on affidavit by the petitioner
Patna High Court Cr.Misc. No.48902 of 2015 (2) dt.10-08-2016 3/3 that petitioner has deposited 20% of the alleged due amount before the Bihar State Food & Civil Supplies Corporation, Patna.
Accordingly the modification is disposed of in connection with Buxar(Industrial Area) P.S. Case No. 90 of 2015, pending in the Court of learned Chief Judicial Magistrate, Buxar.
(Dinesh Kumar Singh, J) Shageer/- U T