Binod Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52168 of 2015 Arising Out of PS.Case No. -224 Year- 2015 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Binod Kumar S/o Ramdeo Singh, resident of Mohalla- Vidyadhar, P.S.- Khagaria, District- Khagaria .... .... Petitioner/s
Versus
1. The State of Bihar
2. The District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Khagaria .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh For the BSFC : Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 16-12-2015 Heard counsel for the petitioner and Mr. Shailendra Kumar Singh for the Bihar state Food and Civil Supplies Corporation Limited ( for short 'the BSFC').
The petitioner is rice mill owner and is facing prosecution vide Khagaria P.S. case no. 224 of 2015, registered under sections 420 and 406 of the IPC.
Under an agreement, the petitioner was supplied 2374 quintals of paddy. The petitioner was required to mill and supply custom milled rice (CMR). The petitioner, however, only supplied 270 quintals of CMR. In this way, it is alleged that 1320. 60 quintals of CMR was misappropriated by the petitioner quantified at Rs. 28,59,838/-.
Contention of the petitioner is that apart from the criminal prosecution he has been proceeded against under the
Patna High Court Cr.Misc. No.52168 of 2015 (2) dt.16-12-2015 2/3 Public Demand Recovery Act whereat petitioner has already appeared and filed show cause. Some property was mortgaged to the supplier. The petitioner would be ready and willing to deposit the part of the consideration money as directed by the Court. The petitioner is in custody since 11.10.2015. Several bail applications in the similar fact situation have been allowed in the aforesaid terms.
Mr. Singh, counsel for the BSFC, while opposing the bail application has not disputed the contention of the petitioner that several accused persons have been granted the privilege of bail/anticipatory bail on certain conditions. Considering the facts and circumstances of the case, this Court is inclined to direct the Court below to release the petitioner provisionally on bail for a period of five months on furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Khagaria in connection with Khagaria P.S. case no. 224 of 2015, G.R. No. 927/2015 subject to the following conditions condition:
(i) Along with bail bonds, the petitioner shall produce receipt showing deposit of 10% of the defalcated amount as depicted in the FIR with the BSFC, Patna. Before expiry of the said
Patna High Court Cr.Misc. No.52168 of 2015 (2) dt.16-12-2015 3/3 period of provisional bail, the petitioner shall approach the Court for confirmation of bail annexing receipt/documents showing deposit of another 10% of the defalcated amount as depicted in the FIR with BSFC, Patna whereafter the Court below shall confirm the bail.
(ii) One of the bailors shall be the own/close family member of the petitioner.
(iii) As soon as the charges are framed the petitioner shall appear in person before the trial court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bonds of the petitioner and secure his arrest in accordance with law.
It is clarified that the aforesaid deposit(s) shall be without prejudice to his right and contention in the case or any other proceeding.
(Kishore Kumar Mandal, J) Shyam/- U T