Lal Pratap Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34170 of 2016 Arising Out of PS.Case No. -53 Year- 2016 Thana -RAMGARHWA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lal Pratap Singh, son of Late Tara Singh, Prop. of Shri Annapurna Rice Mill, Raghunathpur, Resident of village - Raghunathpur, P.S. - Ramgarhwa, District - East Champaran.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The District Manager, Bihar State Food Corporation, Motihari, East Champaran.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Radha Mohan Singh, Advocate For the State : Dr. Rabindra Kumar, A.P.P. For B.S.F.C. : Mr. Niraj Kumar, Advocate ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 07-09-2016 Heard parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 420, 467, 468, 471, 474, 504, 120B/34 of the Indian Penal Code.

It is contended that, as per allegation, the petitioner had grabbed 2183 quintals of rice worth Rs.47,27,417.48, out of which, Rs.41,18,161.00 has been deposited by the petitioner and rest amount of Rs.6,09,256.48 is still required to be paid by him. The petitioner has appended documents as Annexure-2 series to show that about Rs.6,13,878.00 has to be paid to the petitioner as Rice milling, Handling charges and Transportation cost etc. and

Patna High Court Cr.Misc. No.34170 of 2016 (2) dt.07-09-2016 2/2 the petitioner had already written a letter dated 21.03.2016 to adjust the same and the informant himself had also written a letter dated 27.06.2015 to the aforesaid extent. It is urged that in fact there is no dues at all.

Learned counsel for the B.S.F.C. has submitted that Rs.4,20,848.00 is still to be paid and if the petitioner is also to be paid some amount then he has to get the calculation done. However, it is intriguing as to why no calculation has been done even after writing a letter dated 21.03.2016, as contained in Annexure-3.

Having regard to the facts and circumstances of the case, let the petitioner, namely, Lal Pratap Singh be released on bail in the event of his arrest/surrender before the court below within a period of six weeks from today in connection with Ramgarhwa P.S. Case No.53/2016, on furnishing bail bond of Rs.10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, East Champaran, Motihari subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) V.K. Pandey/- U T