Sagir Ansari v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40726 of 2015 Arising Out of PS.Case No. -78 Year- 2015 Thana -CHANPATIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sagir Ansari Son of Late Halim Ansari resident of Village - Maghiya Khargauliya P.S. Chanpatia District - West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For B.S.F.C :

Mr. Nirmal Kumar (Advocate) Mr. Lokesh (Advocate) For the Opposite Party/s : Mr. Kumar Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-10-2015 Heard both sides.

The petitioner apprehends his arrest in Chanpatia P.S. Case No. 78/2015, registered for the offences punishable under Section 406, 407 and other sections of the Indian Penal Code. The petitioner lifted 7538.40 quintals of paddy and he had to deliver approximately 5050.72800 quintals of Rice. He supplied 3774.27600 quintals of Rice and according to the informant 1276.45200 quintals of Rice is lying due against the petitioner, the price of which comes to approx. 27 lac. It is submitted that the petitioner is ready to deposit 20% of the aforesaid amount within nine months. The certificate case is also going on for recovery of the dues lying against the petitioner. The dispute is with regard to breach of agreement between the BSFC and the miller, the petitioner.

It is submitted that similarly situated co-accused

Patna High Court Cr.Misc. No.40726 of 2015 (2) dt.05-10-2015 2/2 Chandra Mohan Prasad has also been granted anticipatory bail on the condition of deposit of 20% of the aforesaid amount within one year.

Considering the facts that the petitioner is ready to deposit 20% of the amount of approx. Rs. 27 lac within nine months from the date of this order subject to the outcome. of the certificate case, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatia P.S. Case No. 78/2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T