Anil Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6776 of 2016 ====================================================== Anil Singh .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Ram Naresh Roy(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-08-2016 The present application has been filed for modification of the order dated 2.7.2015 passed in Cr. Misc. No. 26029 of 2015 to the extent of extending the period of provisional bail and for extending the period of deposit of 20% of the alleged due amount.

The prosecution case is that under an agreement the petitioner being the rice millers was supplied 6500 quintals of paddy by the Kaimur Unit of the Bihar State Food and Civil Supplied Corporation during the agriculture season 2012-2013 in lieu thereof the petitioner was supposed to supply 4355 quintals of custom milled rice but he supplied only 2693.55 quintals of custom milled rice and failed to supply 1661.45 quintals of processed rice worth `35,97,969.67/-.

The petitioner was granted provisional anticipatory bail for a period of seven months on his undertaking to deposit

Patna High Court Cr.Misc. No.6776 of 2016 (3) dt.31-08-2016 2/3 20% of the alleged due amount of `35,97,969.67/- through bank draft within a period of six months in six equal installments. It is submitted by the learned counsel for the petitioners that though, the petitioner could not submit the bank draft of 20% of the alleged due amount within six months but now he has deposited the same and the bail bonds of the petitioner have not been cancelled till date, though, statement to that effect has not been made in the petition.

Mr. Shailendra Kumar Singh, learned counsel for the Bihar State Food & Civil Supplies Corporation has submitted that District Manager of Kaimur Unit of Bihar State Food & Civil Supplies Corporation has informed him that the petitioner has deposited 20% of the alleged due amount.

In the circumstances, the provisional bail of the petitioner is extended by 20th of September, 2016 in connection with Ramgarh P.S. Case No. 89 of 2015, pending in the court of learned CJM, Kaimur at Bhabua.

The provisional bail of the petitioner will be confirmed by the learned court below on filing proof by the petitioner with regard to deposit of 20% of the alleged due amount.

Accordingly, the modification application is

Patna High Court Cr.Misc. No.6776 of 2016 (3) dt.31-08-2016 3/3 disposed of.

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