Patna High CourtCR. MISC./49481/2016disposed

Binay Kumar Singh v. State Of Bihar And ANR

2017-01-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49481 of 2016 ====================================================== Binay Kumar Singh Son of Sri Tej Narayan Singh resident of VillageIndaur, P.S.- Itarhi, District- Buxar, Bihar, Proprietor of M/s Om Mini Rice Mill, Indaur, P.S.- Itarhi, District- Buxar, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Surendra Kumar Singh For the Opposite Party/s : Mr. Md. Ataur Rahman (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 11-01-2017 Heard learned counsels for the petitioner and the BSFC.

The present application has been filed for modification of order dated 06.07.2015 passed in Cr. Misc. No. 22465 of 2015 to the extent of extending the period of provisional anticipatory bail.

The petitioner being the rice miller was granted provisional anticipatory bail for ten months on submission that the petitioner is ready to deposit 20% of the alleged due amount of Rs.1,52,79,719.27/- within a period of nine months. It is submitted by learned counsel for the petitioner that now the draft of said 20% of the alleged due

Patna High Court Cr.Misc. No.49481 of 2016 (2) dt.11-01-2017 2/2 amount has already been submitted.

Mr. Shailendra Kumar Singh, learned counsel for the BSFC, on instruction, submits that the draft of 20% of the alleged due amount has already been submitted. It is further submitted by learned counsel for the petitioner that the bail bond of the petitioner has not been cancelled.

In the circumstances, the period of provisional bail is extended till 31st of January, 2017 in connection with Itarhi P.S. Case No. 85 of 2015 pending in the court of learned Chief Judicial Magistrate, Buxar.

It is expected from the learned court below to confirm the provisional bail of the petitioner on filing proof with regard to deposit of 20% of the alleged due amount. Accordingly, this modification application is disposed of.

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