Shesh Nath Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24249 of 2015 Arising Out of PS.Case No. -101 Year- 2015 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================
1. Shesh Nath Tiwari son of Ram Lakhan Tiwari resident of villageNavras, P.S.- Kudra, District- Kaimur (Bhabhua). .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abdul Wadood For the Opposite Party/s : Mr. C.Jawahar(App) Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-07-2015 Heard the parties.
The petitioner apprehends his arrest in connection with Kudra P.S. Case No. 101 of 2015 registered under Sections 409 and 420 of the IPC.
It is a case where the petitioner was supplied paddy for milling and delivery thereof to the Food Corporation of India at the agreed rate. The petitioner defaulted in doing so and thereby committed misappropriation of the Government fund in the sum of Rs. 30,42,611.80/-.
It has been submitted that diverse orders have been passed by this Court in identical/similar matters wherein after deposit of certain percentage of amount as also considering the fact that there is an agreement reached by and between the parties
Patna High Court Cr.Misc. No.24249 of 2015 (2) dt.10-07-2015 2/3 and in few cases proceeding under the PDR is also filed against the accused, they have been privileged with anticipatory bail. Learned counsel for the Bihar State Food & Civil Supplies Corporation Ltd., Patna ( for short 'the Corporation') has not disputed the aforesaid contention.
Regard being had to the above, I direct that the petitioner, abovenamed, in the event of his arrest/surrender before the learned Court below within a period of five weeks from today, shall be released on provisional bail for a period of 05 months from the date of release on furnishing bail bonds of Rs. 15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Kudra P.S. Case No. 101 of 2015 subject to the condition as laid down under Section 438 (2) of the Cr.P.C with further condition that one of the bailers shall be the own/close family members of the petitioner.
The petitioner shall produce receipt of deposit of 15% of the misappropriated amount depicted in the F.I.R. through demand draft/bank instrument or otherwise in favour of the Corporation alongwith the bail bonds.
If the petitioner deposits the remaining 10% of the misappropriated amount within 05 months and furnish
Patna High Court Cr.Misc. No.24249 of 2015 (2) dt.10-07-2015 3/3 receipt/document with a prayer for confirmation of the bail, the learned court below shall confirm the provisional bail. (Kishore Kumar Mandal, J) Pankaj/- U