Santosh Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1233 of 2016 ====================================================== Santosh Kumar Singh son of Sri Radhe Shyam Sigh resident of villageAayar, P.O. Aayar Jagdishpur, P.S. Aayar, Bhojpur, proprietor of M/s Om Sai Mini Rice Mill, situated at Aayar, P.S. Aayar, Bhojpur .... .... Petitioner/s

Versus

1. State of Bihar

2. Director, Bihar State Food Corporation Ltd, Patna, Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. S.N.P. Sinha Mr. Mukul Prasad For the Opposite Party/s : Mr. Khurshid Anwar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-01-2016 Heard Mr. S.N.P. Sinha, Sr Counsel for the petitioner and Mr. A.N.Rai for the respondent-Corporation. This is the second occasions when the petitioner has moved for modification of the order dated 10.07.2015 passed in Cr. Misc. No. 24236 of 2015. Under the said order, he was granted the privilege of anticipatory bail subject to deposit of certain amount. The petitioner was required to deposit, in instalment, 10% and 15% of the defalcated amount. Instead of benefiting from the said order by surrendering and furnishing the bail bonds, an application for modification in the order was filed which was considered and disposed of vide order dated 09.09.2015 passed in Cr. Misc. No. 35175 of 2015 whereby

Patna High Court Cr.Misc. No.1233 of 2016 (2) dt.20-01-2016 2/3 he was permitted to get the benefit of the order provided he surrenders within 03 weeks and complies with the condition(s). The present application now seeks further extension of time.

It is stated that if the time is extended, the petitioner is ready and willing to deposit 10% and 20% = 30% of the misappropriated amount in lump sum. The counsel for the Corporation has stated that at least on two occasions indulgence was granted by this Court.

Mr Sinha states that, as a penalty, the petitioner, if so directed, would be willing to deposit 30% of the defalcated amount at one go and furnish the bail bonds if the time is extended. He has also explained the reasons for not doing so by the petitioner on earlier occasion(s). Considering the facts and circumstances of the case, the application is allowed. The order dated 09.09.2015 passed in Cr. Misc. No. 35175 of 2015 in connection with Aayar P.S. Case No. 23 of 2015 pending in the court of Chief Judicial Magistrate, Bhojpur at Ara, is modified to the extent that the petitioner shall surrender in the light of the said order on or before 15th of February, 2016 and furnish

Patna High Court Cr.Misc. No.1233 of 2016 (2) dt.20-01-2016 3/3 the bail bonds together with the document(s)/paper(s) showing deposit/payment of 30% of the defalcated/misappropriated amount, as depicted in the FIR with the Bihar State Food and Civil Supplies Corporation. (Kishore Kumar Mandal, J) HR/- U T