Om Prakash Keshari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24606 of 2015 Arising Out of PS.Case No. -150 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Om Prakash Keshari, son of Ashok Keshari, resident of Dadawa, P.S.- Mohania, District-Kaimur at Bhabhua.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhupendra Narain Yadav Mr. Pancham Lal Jaiswal For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-05-2015 Heard the Counsel for the petitioner and Mr. Upendra Kumar, APP for the State.

Petitioner seeks anticipatory bail in Mohania P.S. Case No. 150 of 2015 registered under Sections 409 and 409 of the Indian Penal Code.

As per the prosecution case, petitioner being the Miller entered into an agreement with the State Food Corporation for milling 3300 quintals of paddy but the rice was not handed over to the S.F.C. The petitioner, therefore, allegedly misappropriated a sum of Rs. 4,23,351.96.

Counsel for the petitioner submits that this is a matter which requires calculation. The petitioner was always ready and willing and willing to perform the duty according to the contract and the billing cost/charges of the petitioner is/are also due. The

Patna High Court Cr.Misc. No.24606 of 2015 (2) dt.22-05-2015 2/3 petitioner is facing proceeding under the Bihar and Orissa Public Demand Recovery Act. Before entering into an agreement, Deed of Pledge was also got issued, one of the clause whereof is that the property would be saleable by auction sale for the loss/damages caused to the State. It has been pointed out that in similar circumstances, this Court has granted the privilege of anticipatory bail by order dated 20.03.2015 passed in Cr. Misc. No. 43286 of 2014. A web copy whereof has been handed in and place on record and marked 'X' for identification.

In the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in Mohania P.S. Case No. 150 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:

(I) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default on two consecutive occasions without any

Patna High Court Cr.Misc. No.24606 of 2015 (2) dt.22-05-2015 3/3 cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T