Mani Kant Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3477 of 2016 ======================================================

1. Mani Kant Kumar, son of Dilip Shav, resident of Village Basantpur, Police Station Parasbigha, District Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Manager, Bihar State Food & Civil Supplies Corporation Limited, Jehanabad.

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

For the Petitioner/s : Mr. Sanjan Kumar Sharan, Advocate For the Opposite Party/s : Mr. Yogendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-11-2016 The present application has been filed for modification of order dated 22.07.2015 passed in Cr. Misc. No. 27252 of 2015 to the extent of extending the period of provisional bail in a case registered under Sections 409, 420 of the Indian Penal Code and 7 of the Essential Commodities Act. The petitioner was granted provisional anticipatory bail for seven months on readiness of deposit 20% of the alleged due amount of Rs. 96,33,645/- through draft in favour of the Bihar State Food and Civil Supplies Corporation Limited, Patna within six months.

It is submitted by the learned counsel for the petitioner that 20% of the alleged due amount was not deposited within six months, but now the 20% of the alleged due amount has been deposited.

Patna High Court Cr.Misc. No.3477 of 2016 (3) dt.16-11-2016 The bail bond of the petitioner has not been cancelled, though statement to that effect has not been made in the petition.

Mr. Shailendra Kumar Singh, learned counsel for the Bihar State Food and Civil Supplies Corporation Limited submits that draft of 20% of the alleged due amount has been submitted as the instruction received from the District Manager of the State Food Corporation.

Considering the rival submissions, the order dated 22.07.2015 is modified to the extent that provisional bail of the petitioner is extended till 12th of December, 2016. The learned court below will confirm the provisional bail of the petitioner on filing proof of submission of draft of 20% of the alleged due amount in connection with Parasbigha P.S. Case No. 32 of 2015, pending in the Court of learned Sub-Divisional Judicial Magistrate, Jehanabad. Accordingly, this modification application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T