Lav Chaturvedi v. The State Of Bihar

Patna High Court Cr.Misc. No.30335 of 2015 (3) dt.07-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30335 of 2015 Arising Out of PS.Case No. -159 Year- 2015 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Lav Chaturvedi S/o Sri. Banwari Lal Chaturvedi R/v Bhargawan, P.S., Bhabua, Distt. Kaimur .... .... Petitioner/s

Versus

1.The State of Bihar

2. The District Manager, Bihar State Food Corporation, Kaimur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s Mr. Arabind Nath Pandey For the BSFC Mr. Shailendra Kumar Singh Fot State Mr. Shyam Bihari Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-08-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Bhabhua P.S. Case No. 159 of 2015 registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that in pursuance of an agreement entered into by the petitioner with the District Manager, State Food Corporation, Kaimur, the petitioner had to supply prepared rice to the Corporation for the period 201314. It is alleged that 16000 Quintal paddy were received by the petitioner from State Food Corporation, for which, the equivalent value of rice was to be given by the petitioner. The petitioner defalcated 10720 Quintal, resulting in a loss of Rs.

Patna High Court Cr.Misc. No.30335 of 2015 (3) dt.07-08-2015 2,65,70,163.20/- . Learned counsel for the petitioner submits that as per the agreement between the parties, the petitioner has mortgaged his properties and land of more than three Crore which is subject to the process under the PDR Act. Learned counsel for the petitioner further submits that there is no likelihood of any defalcation by the petitioner as the equivalent proportion of property has been pledged which indicates the bonafide intention of the petitioner.

Considering the aforementioned submissions and also the fact that this Court had passed several orders and extended the privilege of anticipatory bail to other such similarly situated persons facing prosecution under PDR Act, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Kaimur at Bhabhua in connection with Bhabua P.S. Case No. 159 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) sushma/- U