Ramdeo Singh @ Rajdeo Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57169 of 2015 Arising Out of PS.Case No. -1167 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Ramdeo Singh @ Rajdeo Singh, Prop.- M/S Pawan Mini Rice Mill Agni, Sasaram, son of Sri Jagarnath Mahto, resident of Village- Agni, P.S. Darigaon, District- Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Manager Bihar State Food and Civil Supplies Corporation, Rohtas at Sasaram, District- Rohtas at Sasaram. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Durgesh Nandan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2015 Heard learned counsels for the petitioner and the State. The petitioner being a rice miller is apprehending arrest in a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

The prosecution case is that Sasaram unit of Bihar State Food and Civil Supplies Corporation Ltd. supplied 1900 quintals of paddy to the petitioner being rice miller under an agreement during the agricultural years 2012-13 in lieu thereof the petitioner was supposed to supply 1273 quintals of custom milled rice. The petitioner supplied only 800 quintals of processed rice but failed to supply 472.60 quintals of processed rice worth Rs.102344.66/-.

Patna High Court Cr.Misc. No.57169 of 2015 (2) dt.18-12-2015 2/3 It is submitted by the learned counsel for the petitioner that the rice could not be supplied due to supply of poor quality of paddy and the apathetic attitude of the officials of The Bihar State Food and Civil Supplies Corporation Ltd. and the order passed in the certificate proceeding has already been quashed. It is submitted by Mr. Shailendra Kumar Singh, learned counsel for the BSFC that the order passed in the certificate case has been quashed with liberty to pass a fresh order and the petitioner failed to make supply within time frame i.e. 31.12.2013. However, it is submitted by learned counsel for the petitioner that the petitioner will deposit 20% of the alleged due amount to the tune of Rs. 102344.

66/- through bank draft in favour of Bihar State Food and Civil Supplies Corporation Ltd. in four equal monthly installments within four months though statement to that effect has not been made in the petition. Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for five months in the event of arrest or surrender before the learned Court below within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Rohtas at Sasaram in connection with Sasaram (Darigaon) P.S.

Patna High Court Cr.Misc. No.57169 of 2015 (2) dt.18-12-2015 3/3 Case No. 1167 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The aforesaid deposit will not be treated to be an admission of the petitioner with regard to the claim of the informant but the same will be subject to the any legal proceeding. The provisional bail of the petitioner will be confirmed by the learned court below on submission of 20% of the due amount through bank draft within four months in four equal monthly installments in favour of Bihar State Food and Civil Supplies, Corporation Ltd., Patna.

(Dinesh Kumar Singh, J) Anil/- U T