Gupta Sao v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27030 of 2015 Arising Out of PS.Case No. -15 Year- 2015 Thana -FESHAR District- AURANGABAD ====================================================== Gupta Sao, son of Chandradeep Sao, resident of village Pandekahf, P.S. Fesar, District Aurangabad .... .... Petitioner

Versus

1. The State of Bihar

2. The Bihar State Food & Civil Supplies Corporation, Bihar, Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. B.M.P.Sinha(APP) For O.P. No.2 : Mr. A.N.Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 409, 406 and 420/34 of the Indian Penal Code. The petitioner lifted paddy but did not deliver the rice and thereby he is alleged to have misappropriated the rice worth Rs.31,83,373/-.

It is submitted that the case was lodged on 9.4.2015. The petitioner deposited Rs.8 lacs, i.e., about 30% of the entire amount. A certificate case is still going on. The petitioner did not breach any condition of agreement. The paddy is lying in the godown of the petitioner.

Considering the aforesaid facts, the petitioner, above named, in the event of his arrest or surrender in the court below

Patna High Court Cr.Misc. No.27030 of 2015 (2) dt.20-07-2015 within a period of four weeks from the date of receipt/production of this order, shall be released on bail in connection with Fesar P.S.Case No. 15 of 2015 on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) spal/- U