Vakil Chaudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3185 of 2016 ====================================================== vakil Chaudhary Son Of Late Sugandh Chaudhary, Resident Of VillageNarayangarh, P.S.-Piro, District-Bhojpur At Arrah (Bihar), Proprietor Of M/S Jai Maa Laxmi Zee Mini Rice Mill Situated At Village-Narayangarh, P.S.-Piro, District-Bhojpur At Arrah (Bihar). .... .... Petitioner/s

Versus

1. The State Of Bihar.

2. The District Manager, State Food & Civil Supplies Corporation Limited, Bhojpur At Arrah, District- Bhojpur (Bihar).

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

For the Petitioner/s : Mr. Rakesh Kumar, Adv . For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-03-2016 The present application has been filed for modification of the order dated 10.07.2015 passed in Cr. Misc. No. 24837 of 2015 to the extent of extending the period of provisional bail. The petitioner was granted provisional anticipatory bail for seven month in connection with Piro P.S. Case No. 123 of 2015 registered for the offences punishable under Sections 406, 409 and 420 of the IPC and 7 of the Essential Commodities Act on the submission of the learned counsel for the petitioner that the petitioner is ready to deposit 20% of the alleged due amount of ` 60,28,919.04/- within a period of six months. The provisional bail of the petitioner was to confirm by learned court below on submission of draft of alleged due amount within a period of six

Patna High Court Cr.Misc. No.3185 of 2016 (2) dt.30-03-2016 2/2 months.

It is submitted by learned counsel for the petitioner that though, the alleged due amount was not deposited within stipulated period but now it has been deposited and this fact has not been controverted by Mr. Awadhesh Kumar, learned counsel for Bihar State Food and Civil Supplies Corporation. It is further submitted that bail bonds of the petitioner have not been cancelled as yet.

In the circumstances, the provisional bail of the petitioner granted vide order dated 10.07.2015 passed in Cr. Misc. No. 24837 of 2015 is extended by 6th of May, 2016. It is expected from the learned court below to pass appropriate order for confirming the provisional bail of the petitioner in connection with Piro P.S. Case No. 123 of 2015 pending in the court of learned CJM, Bhojpur at Ara.

Accordingly, the modification application is allowed. (Dinesh Kumar Singh, J) Amrendra/- U T