Patna High CourtCR. MISC./29021/2016bail granted

Nand Kishor Singh v. State Of Bihar And ANR

2016-10-05Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29021 of 2016 Arising Out of PS.Case No. -140 Year- 2016 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Nand Kishor Singh, son of Jai Gobind Singh, Resident of village+PostDerwan, Police Station- Kudra, District-Kaimur at Bhabhua. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The State Food Corporation through its Managing Director, Patna, Bihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar Tiwary, Advocate For the S t a t e : Mr. Ashok Kumar Singh, APP For the B.S.F.C. : Mr. Sanjay Prasad, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the BSFC. Learned counsel for the State is also present.

The petitioner is apprehending his arrest in connection with Kudra P.S. Case No.140 of 2016 for allegedly having committed the offence under Sections 409 and 420 of the Indian Penal Code.

Earlier, the matter was adjourned to enable the learned counsel for the BSFC to file a counter affidavit so as to establish that the property of the petitioner to the tune of Rs.1,95,90,000/- stands secured with the BSFC and the price of CMR is much lesser than the said amount.

Patna High Court Cr.Misc. No.29021 of 2016 (7) dt.05-10-2016 2/2 In view of the said fact that the property of the petitioner stands mortgaged with BSFC itself, let the petitioner, above named, 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, be released on bail on furnishing bail bond of `10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua, in connection with Kudra P.S. Case No.140 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that the State Food Corporation, if so desires, may take appropriate steps in accordance with law for realizing its dues by making available to itself the property mortgaged in its favour.

(Anjana Mishra, J) PNM U T