Bhushan Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46104 of 2018 Arising Out of PS.Case No. -41 Year- 2016 Thana -SHIWAPATHI District- MUZAFFARPUR ====================================================== Bhushan Prasad, S/o Jagdish Prasad, R/o Vill.- Purani Pakari, P.O.- Chatursi, P.S.- Shivaipatti, District- Muzaffarpur, Prop of M/S- Jai Laxmi Rice Mill.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Food & Civil Supplies Corporation Ltd., Khadya Bhawan, Daroga Prasad Path, R- Block, Road No. 2, Patna-800001. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Prakash Sharma, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 31.10.2017 in connection with Shivaipatti P.S. Case No.41 of 2016 registered for the offence under Sections 409 and 420 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner had entered into an agreement with the Bihar State Food and Civil Supplies Corporation Limited, Muzaffarpur to mill the paddy for the Kharif Marketing Season 2012-13 and accordingly he received total 405 quintal paddy from different Purchase Centres of Muzaffarpur. It is submitted that as per the

Patna High Court Cr.Misc. No.46104 of 2018 (2) dt.29-08-2018 2/2 agreement, the petitioner was to deliver 67% CMR i.e. 271.35 quintal of rice by 31.12.2013 to S.F.C., but the petitioner has failed to deliver the same, resulting in revenue loss to the tune of Rs.5,87,624.71. It is under such circumstances that the petitioner is facing prosecution and has been languishing in jail. Learned counsel for the petitioner submits that the entire allegation is false and misconceived and the petitioner will explain the circumstances for such non-delivery of CMR, if he is granted the privilege of bail. It is further submitted that the petitioner is not having any criminal antecedents and has been languishing in jail for more than ten months and, therefore, he may be extended the privilege of bail.

In view of such submissions and the petitioner is also not having any criminal antecedent, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IX, Saran at Chapra, in connection with Shivaipatti P.S. Case No.41 of 2016. (Anjana Mishra, J) PNM U T