Siya Ram Yadav v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.32405 of 2015 (3) dt.18-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32405 of 2015 Arising Out of PS.Case No. -57 Year- 2015 Thana -SHANKARPUR District- MADHEPURA ======================================================

1. Siya Ram Yadav S/o Mochan Yadav Proprietor of Hirolwa Rice Mills, Jirwa madheli, Resident of Village Hirolwa, Police Station Shankarpur, District Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The B.S.F.C., Bihar, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raja Surendra Mohan For the Opposite Party/s : Mr. P.K. Chourasiya (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2015 Heard learned counsel for the petitioner and learned counsel for the Bihar State Food and Civil Supplies Corporation as well as learned counsel for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 406/409/420 of the Indian Penal Code.

Learned counsel for the petitioner submits that an allegation has been made against the petitioner that he has misappropriated paddy worth Rs. 55,48,208/- and as against the agreed amount he has failed to meet his requirement of supplying rice in response to the paddy received by him. He further submits that the petitioner is already facing PDR proceedings.

Patna High Court Cr.Misc. No.32405 of 2015 (3) dt.18-08-2015 Learned counsel for the Bihar State Food and Civil Supplies Corporation submits that the petitioner may be required to pay 20% of the amount as alleged in the First Information Report as has been followed in the case of other similarly situated rice mills owners.

It is made clear that the aforementioned 20% of the amount shall be paid by the petitioner within a period of eight months. Considering the fact that the petitioner is also willing to pay the aforementioned 20% of the amount indicated in the First Information Report, let the petitioner in the event of his arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Madhepura, in connection with Shankarpur P.S. Case No. 57/2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T