Patna High CourtCR. MISC./28092/2015bail granted

Om Prakash v. The State Of Bihar

2015-07-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28092 of 2015 Arising Out of PS.Case No. -9 Year- 2015 Thana -RISHIYAP District- AURANGABAD ====================================================== Om Prakash S/o Late Ram Prasad Singh Resident of Village Risiup, P.O. Risiup, P.S. Risiup, District Aurangabad.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Satyendra Prasad Singh, Advocate.

For the Opposite Party : Mr. Braj Kishore Pd.(App) For the B.S.F.C.

: Mr. Shailendra Kumar Singh, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

The petitioner lifted 3874.00 quintals of paddy for milling and he had to deliver 2595.60 quintals of rice, but the petitioner has deposited only 1620.00 quintals of rice and remaining 975.60 quintals of rice is lying due against the petitioner the price of which comes to Rs. 21,12,677/-. Mr. Sumeet Kumar Singh, the learned counsel appearing on behalf of the petitioner submits that the petitioner is ready to pay 20 per cent of the amount within six months. Mr. Shailendra Kumar Singh, the learned counsel

Patna High Court Cr.Misc. No.28092 of 2015 (2) dt.24-07-2015 2/2 appearing for the B.S.F.C. did not raise objection and submits that the rest amount shall be realized in a proceedings initiated under the P.D.R. Act.

Considering the facts aforesaid, 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, Aurangabad in Risiup P.S. Case No. 09 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., if the petitioner fails to deposit 20 per cent of the aforesaid amount within six months, the learned court below shall cancel the bail bond of the petitioner.

(Prabhat Kumar Jha, J.) KKSINHA/- U T