Sanjeev Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22855 of 2015 Arising Out of PS.Case No. -102 Year- 2015 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================

1. Sanjeev Kumar S/o Late Rajendra Singh r/o village- Bajarkona, P.S. Kudra, District- Kaimur (Bhabua) .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bihar State Food & Civil Supplies, Corporation through its District, Manager Kaimur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Jagdhar Pd.(App) For BSFC : Mr. Awadhesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-05-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

The prosecution case is that the petitioner being rice miller received 4160 quintals of paddy from Bihar State Food Corporation for supply of 2787.20 quintals of processed rice by 31.12.2013 but the petitioner failed to supply 1710.44 quintals of rice worth Rs.37,04,060.45/-.

It is submitted by the learned counsel for the petitioner that the balance supply of processed rice was not made due to

Patna High Court Cr.Misc. No.22855 of 2015 (2) dt.22-05-2015 2/2 apathetical attitude of the Bihar State Food Corporation. It is submitted by Mr. Awadhesh Kumar, learned counsel for the Bihar State Food Corporation that Rs.37,04,060.45/- has been misappropriated and for the same certificate proceeding, as per the terms of agreement, has been initiated. The petitioner is ready to deposit 20% of the alleged amount i.e., Rs.37,04,060.45/-.

Considering the present stand of the petitioner, on deposit of 20% of alleged amount, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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, Kaimur at Bhabhua in connection with Kudra P.S. Case No. 102 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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