Amod Kumar @ Pramod Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13401 of 2016 ======================================================

1. Amod Kumar @ Pramod Kumar Son of Satya Narayan Prasad Resident of Village+P.O.+P.S.-Uphara, District-Aurangabad, Proprietor of M/s Maa Sharda Arwa Rice Mill .... .... Petitioner/s

Versus

1. The State of Bihar

2. The State Food and Civil Supplies Corporation, Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lakshmi Kant Sharma For the Opposite Party/s : Mr. Nagendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-06-2016 Heard both sides.

By order dated 20.07.2015 passed in Cr. Misc. No. 27026 of 2015 the petitioner was directed to be enlarged on anticipatory bail with a direction that petitioner shall deposit 20% of the total amount, i.e., Rs. 2 crores and odd, within eight months alleged to have been misappropriated by the petitioner. It is submitted that mother of the petitioner fell ill and, therefore, he could not deposit the amount in time. The petitioner has already deposited Rs. 20 lacs on 27.06.2016 and he undertakes to deposit Rs. 22 lacs within one month from today. Considering the facts aforesaid, the above named petitioner, is directed to surrender before the learned court below

Patna High Court Cr.Misc. No.13401 of 2016 (3) dt.29-06-2016 2/2 within a period of three weeks from the date of receipt / production of a copy of this order and on doing so he 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 the learned Sub-divisional Judicial Magistrate, Aurangabad in Uphara P.S. Case No. 34 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If the petitioner fails to deposit remaining Rs. 22 lacs within one month, the learned court below shall cancel the bail bonds of the petitioner.

Accordingly, this petition is allowed to the extent indicated above.

(Prabhat Kumar Jha, J) BKS/- U T