Arvind Kumar Choubey v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33353 of 2016 Arising Out of PS.Case No. -139 Year- 2016 Thana -KOILWAR District- BHOJPUR ====================================================== Arvind Kumar Choubey, S/o Sri Basistha Muni Choubey, resident of Village- Birpur, P.O. & P.S.- Shahpur, District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The District Manager, Bihar State Food & Civil Supplies Corporation Ltd. P.S- Bhojpur, District- Bhojpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Choubey, Advocate. For the B.S.F.C. : Mr. Manas Prakash, Advocate. For the State : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-09-2016 It appears from the order dated 24.08.2016, the case was adjourned for one week but inadvertently two weeks has been typed in place of one week.
Let the same be modified accordingly.
Heard learned counsel for the petitioner, learned counsel for the Bihar State Food & Civil Supplies Corporation and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Koilwar P.S. Case No. 139 of 2016 registered under Sections 420, 406, 409 and 120(B) of the Indian Penal Code. The accusation is that the petitioner being the owner
of M/s Ananya Agrotech Pvt. Ltd. entered into an agreement with the Bihar State Food & Civil Supplies Corporation and uplifted 800 quintals paddy to return 536 quintals rice but he did not return the same, on which, 536 quintals rice worth of Rs.14,80,289.28/- was due against him.
Learned counsel for the petitioner submits that, in fact, the rice was to be uplifted by the Bihar State Food & Civil Supplies Corporation from the rice mill of the petitioner but the same was not uplifted by the Department. It is further submitted that Rs.8,00,000/- is due against the Bihar State Food & Civil Supplies Corporation regarding not payment of transportation charge, milling charge etc. and the petitioner is ready to deposit 25% of the due amount in cash within six weeks. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara, in connection with Koilwar P.S. Case No. 139 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C. on submitting the receipt of deposit of 25% of
due amount against the petitioner in cash in the concerned department within six weeks.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T