Amit Kumar@Ameet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24109 of 2015 Arising Out of PS.Case No. -109 Year- 2015 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Amit Kumar@Ameet Kumar, Son of Kamala Prasad Singh, Resident of Village - Lalapur, P.S.-Kudara, District - Kaimur at Bhabhua. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashutosh Ranjan Pandey, Advocate.

For the Opposite Party : Mr. Md . Ansarul Haque (App) For the B.S.F.C.

: Mr. Shailendra Kumar Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2015 Heard both sides.

The petitioner apprehends his arrest in Kudra P.S. Case No. 109 of 2015, registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code. The petitioner lifted 6000.00 quintals of paddy for milling and he has to deposit 4020.00 quintal of CMR of rice till 31.12.2013. The petitioner did not deliver any amount of rice to the B.S.F.C. or F.C.I. and thereby petitioner misappropriated Rs. 57,87,892.22/-.

Learned counsel for the petitioner submits that the petitioner is ready to deposit 20 per cent of the total amount within five months in the account of B.S.F.C., Patna and for the rest amount the B.S.F.C. shall realize in accordance with law under the

Patna High Court Cr.Misc. No.24109 of 2015 (2) dt.10-07-2015 2/2 proceeding filed in PDRA by the B.S.F.C.

Mr. Shailendra Kumar Singh, the learned counsel for B.S.F.C. has agreed to this order.

Considering the facts aforesaid, the petitioner shall deposit 20 per cent of the entire amount within five months from the date of receipt of this order and for the rest amount the petitioner and the authority of the B.S.F.C. shall resolve the disputes through proper means within six months thereafter, but the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur (Bhabhua) in Kudra P.S. Case No. 109 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. It is further directed that if the petitioner fails to deposit 20 per cent of the total amount within five months from the date of this order, the learned court below shall cancel the bail bonds of the petitioner. (Prabhat Kumar Jha, J.) KKSINHA/- U T