Jamal Khan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44425 of 2015 Arising Out of PS.Case No. -2 Year- 2015 Thana -SHERGHATI District- GAYA ====================================================== Jamal Khan son of Sri Jabbar Khan .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. U.S.P Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-10-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420, 406/34 of the Indian Penal Code.

The petitioner being the Ex-Chairman of Guneri PACs Gaya purchased paddy to the tune of 12289 quintals during the procurement years 2012-13 worth Rs.13,99,434.30/- but paddy was not supplied to the Food Corporation of India. It is submitted by learned counsel for the petitioner that the petitioner has already deposited Rs.3,30,000/- to the concerned authority against the alleged due amount and he is ready to deposit the balanced amount within a period of nine months through bank draft in favour of the Magadh Central Co-operative Bank Ltd., Sherghati, Gaya.

Patna High Court Cr.Misc. No.44425 of 2015 (2) dt.07-10-2015 2/2 Considering the present stand of the petitioner, let him be released on provisional anticipatory bail for ten months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Sherghati, Gaya in connection with Sherghati P.S. Case No.2 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bond of the petitioner will be accepted on submission of Rs.1,50,000/- through bank draft in favour of Magadh Central Co-operative Bank Ltd., Sherghati, Gaya against the balanced due amount.

The provisional bail of the petitioner will be confirmed by the learned court below on deposit of total alleged due amount of Rs.13,99, 434.30/- within a period of nine months. (Dinesh Kumar Singh, J) Ashwini/- U T