Ramanand Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22727 of 2015 Arising Out of PS.Case No. -86 Year- 2015 Thana -ITADHI District- BUXAR ======================================================

1. Ramanand Singh Son of Shiv Narayan Singh resident of village - Kaithana, P.S. Itarhi, District - Buxar .... .... Petitioner/s

Versus

1. The State of Bihar

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

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Chandra Bhushan Prasad(App) For BSFC : Mr. Shailendra Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-06-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 403,406,420,421 and 424 of the Indian Penal Code. The prosecution case is that State Food Corporation supplied 16870 quintals of paddy for supply of 11302.90 quintals of processed rice but the petitioner supplied only 5941.022 quintals of processed rice and failed to supply 5361.878 quintals of processed rice worth Rs.1,16,11,468.52/-.

Patna High Court Cr.Misc. No.22727 of 2015 (2) dt.24-06-2015 2/3 It is submitted by the learned counsel for the petitioner that certificate proceeding has already been initiated. Though the petitioner was ready to supply rest of the processed rice but the same was not accepted by the FCI. However, the petitioner undertakes to deposit 20% of the due amount within a period of four months.

Considering the present stand of the petitioner, on submission of 5% of the due amount through bank draft in favour of State Food and Civil Supplies Corporation, let the above named petitioner be released on provisional anticipatory bail for four months in the event of arrest or surrender before the learned Court below within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Buxar in connection with Itarhi P.S. Case No.86 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. The aforesaid deposit will be subject to the certificate proceeding or any legal proceeding. The provisional bail of the petitioner will be confirmed by the learned court below on submission of 20%

Patna High Court Cr.Misc. No.22727 of 2015 (2) dt.24-06-2015 3/3 of the due amount through bank draft within four months before the Bihar State Food Corporation.

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