Amit Ranjan Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49104 of 2015 Arising Out of PS.Case No. -45 Year- 2015 Thana -AKHODHIGOLA District- SASARAM (ROHTAS) ====================================================== Amit Ranjan Singh Son of Gopal Prasad Singh, Resident of VillageGobardhanpur, P.O. Ganguli, P.S. Akorhi Gola, District- Rohtas. C/o M/s Maa Kamakhya Rice Mill, Gobardhanpur, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Managing Director, the Bihar State Food Corporation through Bihar State Food Corporation, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Mohan Kumar Singh For the Opposite Party/s : Mr. Asha Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 04-11-2015 Heard counsel for the petitioner and Mr. Nirmal Kumar who has appeared on behalf of the Corporation. The petitioner is the rice mill owner and is facing accusation punishable under sections 406, 409 and 420 IPC vide Akorhi Gola P.S. Case No. 45 of 2015. The allegation, in brief, is that 1600 quintals of paddy was supplied to the petitioner. He was required to process the same and provide 1072 quintal of CMR. The petitioner returned/deposited only 540 quintal of CMR. 532 quintal of rice quantified at Rs. 11,52,077.92 was misappropriated.

The contention of the petitioner is that several

Patna High Court Cr.Misc. No.49104 of 2015 (2) dt.04-11-2015 2/3 other rice mill owners carrying similar allegations have been granted the privilege of anticipatory bail on certain condition.

Mr. Nirmal Kumar for the Corporation has fairly stated that on condition of payment of certain percentage of the misappropriated amount this Court has granted the privilege of anticipatory bail to some other accused persons. Having regard to the facts and circumstances of the case, the petitioner above named, in the event of arrest/surrender within five weeks from today, shall be released on provisional bail for a period of five months on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of Sri Pranav Shankar, Judicial Magistrate, 1st Class, Dehri-on-Sone, Rohtas in Akrohi Gola P.S. Case No. 45 of 2015. Along with the bail bonds, the petitioner shall annex the receipt showing deposit of 10% of the misappropriated amount as depicted in the FIR with the Corporation. The petitioner shall produce receipt of deposit of the remaining 10% of the misappropriated amount with the Corporation and file an application before the expiry of the period of provisional bail for confirmation thereof. If the amount as directed is

Patna High Court Cr.Misc. No.49104 of 2015 (2) dt.04-11-2015 3/3 deposited by the petitioner, the court below shall confirm the bail of the petitioner. One of the bailors of the petitioner shall be his/own close family member.

(Kishore Kumar Mandal, J) HR/- U T