Anil Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26029 of 2015 Arising Out of PS.Case No. -89 Year- 2015 Thana -RAMGARH District- BHABHUA (KAIMUR) ====================================================== Anil Singh .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan, Adv. For the BSFC : Mr. Amrendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-07-2015 Heard learned counsels for the petitioner and the State. The petitioner being the rice miller is apprehending arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code. The prosecution case is that under an agreement the petitioner was supplied 6500 quintals of paddy by the Kaimur unit of Bihar State Food and Civil Supplies Corporation during the agriculture season 2012-13 when he was supposed to supply 4355 quintals of custom milled rice but the petitioner supplied only 2693.55 quintals of custom milled rice and failed to supply 1661.45 quintals of processed rice worth `35,97,969.67/-. It is submitted that processed rice could not be supplied due to laches on the part of the authorities of Bihar State Food Corporation and under Clause nos.15 and 16 of the Agreement,

Patna High Court Cr.Misc. No.26029 of 2015 (2) dt.02-07-2015 2/3 there is provision of recovery of amount by initiating certificate proceeding under Bihar and Orrisa Public Demand Recovery Act, 1914 or getting the issue settled through arbitration though, the certificate proceeding has already been initiated. The petitioner is still ready to supply the balance processed rice. It is submitted by Mr. Shailendra Kumar Singh, learned counsel for Bihar State Food and Civil Supplies Corporation that the petitioner failed to supply the processed rice within stipulated period and under the agreement, the Bihar State Food and Civil Supplies Corporation is entitled to lodge the criminal case.

The petitioner undertakes to submit draft of 20% of alleged due amount within a period of six months in favour of the Bihar State Food and Civil Supplies Corporation, Patna which will be subject to the result of certificate or any other proceeding. Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for seven months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Kaimur at Bhabua in connection with Ramgarh P.S. Case No.

Patna High Court Cr.Misc. No.26029 of 2015 (2) dt.02-07-2015 3/3 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned court below on submission of draft of 20% of alleged due amount within a period of six months. (Dinesh Kumar Singh, J) Amrendra/- U T