Patna High CourtCR. MISC./28599/2016bail granted

Amit Jaiswal v. State Of Bihar And ANR

2016-07-26Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28599 of 2016 Arising Out of PS.Case No. -80 Year- 2016 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Amit Jaiswal aged about 30 Years Son of Sri Sunil Kumar Jaiswal Resident of Chandan Nagar, Gulab bag, P.S Sadar District Purnea. Proprietor M/S Baba Rice Mill , Chandan Nagar, Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Manager, Bihar State Food & Civil Supplies Corporation Limited, Purnea..

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

For the Petitioner/s : Mr. Syed Alamdar Hussain Mr. Shashi Bhushan Kumar, Advocates For the Opposite Party/s : Mr. Sri Gopesh Kumar, Mr.Mayank Shekhar, Advocates.

For the State : Mr. Gopesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 26-07-2016 Heard learned counsel for the petitioner and learned counsel for the State as well as opposite party no.2. The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 406, 409 and 420 of the Indian Penal Code.

Allegation has been made that petitioner has supplied paddy for milling with a condition to return the same proportionately. Cost of the paddy has assessed at Rs.1,50,43,302/-.

Learned counsel for the petitioner submits that only Rs.14,00,000/- has been deposited by the petitioner and he is

Patna High Court Cr.Misc. No.28599 of 2016 (2) dt.26-07-2016 ready to deposit 25% of the total amount.

Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioner, namely, Amit Jaiswal, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with Purnea Sadar P.S. Case No.80 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and also subject to deposit of 25% of total amount adjusting Rs.14,00,000/- within a period of six months from the date of receipt/production of a copy of this order.

During that period the court below will accept the bail bond. If the petitioner would fail to deposit 25% of the total amount after adjustment, the order shall be treated to have been recalled.

(Shivaji Pandey, J) Vinay/- U T