← Library
Patna High CourtCR. MISC./13896/2018allowed

Girwar Rai @ Girwal Rai v. The State Of Bihar

2018-04-06Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13896 of 2018 Arising Out of PS.Case No. -235 Year- 2017 Thana -BATHNAHA District- SITAMARHI ======================================================

1. Girwar Rai @ Girwal Rai, Son of Late Basudeo Rai, Resident of VillageNarha, P.S.-Bathnaha, District-Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bihar State Food and Civil Supplies Corporation through its Managing Director, Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhat Kumar For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 06-04-2018 Heard learned counsel for the petitioner, counsel appearing on behalf of the State as well as O.P. No.2.

The petitioner apprehends his arrest in Bathnaha P.S. Case No.235 of 2017 registered under Sections 406, 409 and 420 of the Indian Penal Code.

The learned counsel for the petitioner submits that with reference to paragraph 6 and 7 of the bail petition that notwithstanding the refusal on the part of M/s Tri Shankti Agro Industries to purchase the paddy, the petitioner is ready to pay the amount determined in terms of Letter No.85 dated 10.07.2017, i.e., Rs.8,91067/- by monthly installment of Rs.1 lakh. In view of the undertaking in paragraph 7 of the bail

Patna High Court Cr.Misc. No.13896 of 2018 (3) dt.06-04-2018 2/2 petition, the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt / production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Bathnaha P.S. Case No.235 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

In case there is default of payment of installment, liberty shall be available to the Court below to take coercive steps to ensure payment of instalment including cancellation of bail bond. (Anil Kumar Upadhyay, J) Sanjeev/- U T