Patna High CourtCR. MISC./29677/2015bail granted

Sunil Sah v. State Of Bihar And ANR

2015-08-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29677 of 2015 Arising Out of PS.Case No. -90 Year- 2015 Thana -ITADHI District- BUXAR ======================================================

1. Sunil Sah, son of Late Ram Suresh Sah, resident of village- Itarhi, P.O.- Itarhi, P.S.- Itarhi, District- Buxer.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. District Manager Bihar State Food Corporation Aurangabad. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satyendra Prasad Singh For the Opposite Party/s : Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-08-2015 Heard both sides.

The petitioner seeks bail in a case registered for the offences punishable under sections 403, 406, 420, 421 and 424 of the Indian Penal Code.

The petitioner lifted 6674.60 quintals of paddy and he had to deliver 4471.312 quintals of rice but the petitioner delivered only 1080.209 quintals of rice. The remaining 3391.103 quintals of rice is due against the petitioner, the price of which comes to Rs.73,43,637.01.

It is submitted that the petitioner did not violate any terms and conditions of the agreement. The certificate case is still pending. The Corporation has not paid any transportation or

Patna High Court Cr.Misc. No.29677 of 2015 (2) dt.10-08-2015 milling charge to the petitioner. The petitioner is in jail since 21.04.2014 i.e. the petitioner has already remained in jail for about four months.

Mr. Satyendra Singh, learned counsel for the B.S.F.C. has submitted that the petitioner has not deposited any amount. The certificate case is still pending. Considering the facts aforesaid, let the petitioner above named be directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Itarhi P.S. Case No. 90 of 2015.

(Prabhat Kumar Jha, J) Amin/- U