Patna High CourtCR. MISC./15056/2016bail granted

Santosh Kumar v. State Of Bihar And ANR

2016-05-26Mr. Justice Navaniti Prasad Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15056 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -DUMRA District- SITAMARHI ====================================================== Santosh Kumar, son of Sri Ram Pheran Sah, Proprietor Ram Janki Rice & Chhura Mill resident of Court Bazar, Ward No.15, Nagar Parishad, Sitamarhi, P.S. and District- Sitamarhi.

.... .... Petitioner

Versus

1. The State of Bihar.

2. The District Manager, State Food Corporation, Sitamarhi, DistrictSitamarhi. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. N.K. Agrawal, Sr. Advocate. Mr. Birendra Kumar For the Opposite party no.2 : Mr. Mr. Nirmal Kumar,Advocate For the State : Mr. Uday Pratap Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH ORAL ORDER 26-05-2016 The petitioner is owner of M/s Ram Janki Rice Mill, apprehends his arrest in relation to Dumra P.S. Case No. 43 of 2016 registered under Sections 406, 409 and 420 of the Indian Penal Code.

The allegation is that under an agreement, he had been entrusted certain quantity of paddy from Bihar State Food (Civil and Supplies) Corporation but he had not deposited the proper quantity of rice and thus he misappropriated huge quantity thereof, for which certificate proceeding was also initiated. Sri N.K. Agarwal, learned Senior counsel appearing on behalf of the petitioner submits that Certificate proceeding has

Patna High Court Cr.Misc. No.15056 of 2016 (3) dt.26-05-2016 2/2 already been dismissed by the Certificate Officer and notwithstanding the aforesaid out of the claim amount, over 24 lacs, the petitioner has already deposited. The matter is a disputed accounting.

Be that as it may, in the event of his arrest/surrender before the court below within four weeks, let the petitioner above named be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi, in connection with Dumra P.S. Case No. 43 of 2016, subject to conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Navaniti Prasad Singh, J.) Rajiv/Amit U T