Arun Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23456 of 2015 Arising Out of PS.Case No. -51 Year- 2015 Thana -BARUN DistrictAURANGABAD ======================================================

1. Arun Kumar, S/o Sri Suresh Mehta, r/v Bhopatpur Siris, P.S.- Barun, District- Aurangabad, Proprietor of Prince Arwa Rice Mill, Bhoparpur Siris, Barun, Distt.- Aurangabad, Bihar.

2. Santosh Kumar, S/o Late Ram Pravesh Mehta, r/v Bhopatpur Siris, P.S. Barun, District- Aurangabad, Proprietor of Prince Arwa Rice Mill, Bhoparpur Siris, Barun, District- Aurangabad, Bihar. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar, Adv. For the Opposite Party/s : Mr. S.N Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-07-2015 Petitioner no. 1 has already been arrested.

Accordingly, the anticipatory bail petition of Petitioner no. 1 is dismissed as withdrawn.

Heard both sides.

The petitioner apprehends his arrest in Barun P.S. Case No. 51/2015, registered for the offences punishable under Sections 406, 409 and other Sections of the Indian Penal Code. The informant alleged that the petitioner received 6500 quintals paddy and he had to deliver 67% rice of the total weight of paddy but he did not deliver the rice worth Rs. 41,68,703/-. It is submitted that the Corporation had to provide

Patna High Court Cr.Misc. No.23456 of 2015 (2) dt.08-07-2015 2/2 transportation. The Corporation has violated the terms and conditions of the agreement and also filed a certificate case. It is further submitted that even though the petitioner is ready to deposit 20% of the total amount of Rs. 41,68,703/- within three months.

Considering the facts aforesaid, the petitioner above named in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Barun P.S. Case No. 51/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

If the petitioner fails to deposit the aforesaid amount within three months, learned court below shall cancel the bail bond of the petitioner.

(Prabhat Kumar Jha, J.) Rakhi/- U T