Nikhil Kumar Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58277 of 2015 Arising Out of PS.Case No. -188 Year- 2015 Thana -MADHEPURA District- MADHEPURA ====================================================== Nikhil Kumar Singh S/o Shri Sudhir Prasad Singh Resident of Sipahi Tola, P.S. - Khazanchi Hat, District - Purnea, Proprietor M/s Koshi Rice Mill, Purnea .... .... Petitioner/s
Versus
1. State of Bihar
2. The District Manager, B.S.F.C., Madhepura .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the Opposite Party No. 2 : Mr. A. N. Rai (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-03-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 406 and 420 of the Indian Penal Code. Prosecution case, in brief, is that petitioner being owner of Rice Mill had received 42492.91 quintals paddy and he has deposited 15930 quintals of C.M.R. but rest of C.M.R., i.e., 26562.91 quintals has not been deposited and Rs. 5,75,23,574/- has been embezzled for personal benefit.
It has been submitted on behalf of the petitioner that as per allegation the outstanding dues against the petitioner is of Rs.5,75,23,574/-. Now petitioner is ready to deposit 20% of the said amount within a period of one year.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R. and there is direct allegation against him. Considering the aforesaid facts and circumstances, petitioner is directed to deposit 20% of Rs. 5, 75, 23, 574/- before
Patna High Court Cr.Misc. No.58277 of 2015 (2) dt.10-03-2016 2/2 the State Food Corporation within a period of one year through bank draft.
In the meantime, the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on provisional anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Madhepura P.S. Case no. 188 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The provisional anticipatory bail granted to the petitioner shall be confirmed by the court below, if petitioner produces certificate showing that 20% of the outstanding dues has been deposited by him before the State Food Corporation within a period of one year through bank draft.
(Sudhir Singh, J) sudip/- U T