Akhilesh Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31535 of 2016 Arising Out of PS.Case No. -131 Year- 2016 Thana -CHAINPUR District- BHABHUA (KAIMUR) ====================================================== Akhilesh Singh, son of Sukh Narayan Singh, resident of VillageMaliksarai, P.S.- Chainpur, District- Kaimur (Bhabhua). .... .... Petitioner.

Versus

1. The State of Bihar.

2. The Bihar State Food and Civil Supplies Corporation through its District Manager, Kaimur (Bhabua).

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Sumeet Kumar Singh, Advocate. For the State : Mr. Sanjeev Kumar Dubey, A.P.P. For the B.S.F.C. : Mr. Mayank Shekhar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 24-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State and the learned counsel for the B.S.F.C. Department.

The petitioner apprehends his arrest in connection with Chainpur P.S. Case No.131 of 2016 registered under Sections 409 and 420 of the Indian Penal Code.

The accusation is that the petitioner being the Proprietor of M/s New Mahavir Rice Mill on entering into an agreement with the B.S.F.C. Department, uplifted 44395.09 quintals paddy to return 29744.71 quintals of C.M.R. but he returned only 21778.94 quintals of C.M.R. and remaining 7965.77 quintals of C.M.R.

Patna High Court Cr.Misc. No.31535 of 2016 (4) dt.24-08-2016 2/2 worth Rs.1,51,59,895.86/- was due against him and out of which he only deposited Rs.91,50,000/-.

Learned counsel appearing on behalf of the petitioner submits that, in fact, there were lapses on the part of the B.S.F.C. Department in not uplifting the rice from the rice mill of the petitioner and the petitioner has already deposited Rs.91,500/- against Rs.1,51,59,895.86/- and out of the remaining amount, i.e., Rs.60,09,895.86/-, the petitioner is ready to deposit 20% of the same in cash.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Kaimur (Bhabua) in connection with Chainpur P.S. Case No.131 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C., on submitting the receipt of deposit of 20% of remaining amount which is said to be Rs. 60,09,895.86/- in cash in the concerned department. (Rajendra Kumar Mishra, J) P.S./- U T