Shiv Kumar Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38546 of 2015 Arising Out of PS.Case No. -110 Year- 2015 Thana -SAUR BAZAR District- SAHARSA ====================================================== Shiv Kumar Sah Son of Sri Umesh Sah Proprietor of Umesh Rice Mill Sahuriya (S), P.S.- Saur Bazar, District - Saharsa .... .... Petitioner

Versus

1. The State of Bihar

2. Bihar State Food & Civil Supplies Corporation, Saharsa .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Bidhan Chandra Jha, Advocate.

For the Opposite Party : Smt. Veena Kumari Jaiswal(App) For the B.S.F.C.

: Mr. Nirmal Kumar, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-09-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under Sections 406, 409 and 420 of the Indian Penal Code.

The petitioner lifted 2138.45 quintals of paddy and he had to deliver 1432.76 quintals of rice, but he delivered only 269.66 quintals of rice meaning thereby the petitioner has misappropriated 1163.10 quintals of rice the price of which comes to Rs. 25,18,767/-.

It is submitted that certificate case for realization of amount is also pending. The petitioner is in jail since 22.06.2015 and the dispute is of civil nature.

Patna High Court Cr.Misc. No.38546 of 2015 (2) dt.07-09-2015 2/2 Considering the facts aforesaid, the petitioner above named 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 Sri B.K. Singh, the learned Judicial Magistrate, 1st Class, Saharsa in Sourbazar P.S. Case No. 110 of 2015.

(Prabhat Kumar Jha, J.) KKSINHA/- U T