Sri Sanjeet Prasad @ Sanjit Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53028 of 2015 ====================================================== Sri Sanjeet Prasad @ Sanjit Prasad .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-08-2016 The present application has been filed for modification of the order dated 26.06.2015 passed in Cr. Misc. No. 22697 of 2015 to the extent of extending the period of provisional bail and for extending the period of deposit of 20% of the alleged due amount.

The prosecution case is that under an agreement the petitioner being the rice millers was supplied 26094.80 quintals of paddy by the Buxar Unit of the Bihar State Food and Civil Supplied Corporation during the agriculture season 2011-2012 in lieu thereof the petitioner was supposed to supply 17483.52 quintals of custom milled rice but he supplied only 13159.63 quintals of custom milled rice deposited cash of `15,50,000/- prior to lodging of the FIR and thereby misappropriated `66,78,916/-. The petitioner was granted provisional anticipatory bail for a period of four months on his undertaking to deposit 20%

Patna High Court Cr.Misc. No.53028 of 2015 (3) dt.31-08-2016 2/3 of the alleged due amount of `66,78,916/- through bank draft within a period of four months in four equal installments. It is submitted by the learned counsel for the petitioners that though, the petitioner could not submit the bank draft of 20% of the alleged due amount within four months but now he has deposited the same and the bail bonds of the petitioner have not been cancelled till date, though, statement to that effect has not been made in the petition.

Mr. Shailendra Kumar Singh, learned counsel for the Bihar State Food & Civil Supplies Corporation has submitted that District Manager of Buxar Unit of Bihar State Food & Civil Supplies Corporation has informed him that the petitioner has deposited 20% of the alleged due amount.

In the circumstances, the provisional bail of the petitioner is extended by 20th of September, 2016 in connection with Buxar (M) P.S. Case No. 103 of 2015, pending in the court of learned CJM, Buxar.

The provisional bail of the petitioner will be confirmed by the learned court below on filing proof by the petitioner with regard to deposit of 20% of the alleged due amount.

Accordingly, the modification application is

Patna High Court Cr.Misc. No.53028 of 2015 (3) dt.31-08-2016 3/3 disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T