Mahendra Pratap Singh @ Mahendra Singh @ Mahendra Prasad Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25633 of 2015 Arising Out of PS.Case No. -125 Year- 2015 Thana -PIRO District- BHOJPUR ====================================================== Mahendra Pratap Singh @ Mahendra Singh @ Mahendra Prasad Singh, S/o Late Bhola Prasad Singh, Resident of Village- Bahadur Tola, Hasan Bazar, P.S.-Piro (Hasan Bazar), District-Bhojpur, Proprietor of M/s Hanuman Ji Rice Mill situated at Bahadur Tola, Hasan Bazar, Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The District Manager, Bihar State Food & Civil Supplies Corporation Ltd Bhojpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Kr. Verma, Sr. Advocate : Mr. Binod Kumar Sinha For the Opposite Party/s : Mr. Braj Kishore Prasad (App) ======================================================
CORAM:
HONOURABLE MR.
JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 04-06-2015 The petitioner seeks anticipatory bail in Piro (Hasan Bazar) P.S. Case No. 125 of 2015 under sections 420, 406, 409 of the Indian Penal Code and Section 7 of the E.C. Act. The petitioner is the mill-owner.
As per the prosecution, the petitioner, a miller entered into an agreement with the State Food Corporation for supplying the C.M.R. (custom milled rice) in lieu of the paddy supplied to the Mill.
The petitioner submits that the milled rice is in readiness in the Mill and he is willing to supply the same to the State Food Corporation. It is further submitted that the milled rice
Patna High Court Cr.Misc. No.25633 of 2015 (2) dt.04-06-2015 2 / 3 could not be supplied to them, as the Corporation had not provided the carrier for carrying the same, as stipulated in the agreement. Besides this, substantial property is also mortgaged with the respondents.
It appears that the cases of similar mill owners came for consideration before this Court in Cr. Misc. No. 43286 of 2014, Cr. Misc. No. 24606 of 2015 and in other cases. This Court after hearing the parties and also taking into consideration the nature of the allegations, has been pleased to enlarge the petitioners of those cases on anticipatory bail.
The learned counsel for the State Food Corporation submits that in one case while granting anticipatory bail, this Court directed the mill owner to deposit 20 % of the amount of the price of paddy not supplied.
Having regard to the facts and circumstances of the case, I direct that in the event of surrender within four weeks from today before Additional Chief Judicial Magistrate, Ara, the petitioner shall be released on bail on furnishing bail bond of Rs.5,000/-(five thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Ara in connection with Piro (Hasan Bazar) P.S. Case No. 125 of 2015, with a further condition that the petitioner shall deposit a
Patna High Court Cr.Misc. No.25633 of 2015 (2) dt.04-06-2015 3 / 3 sum of Rs.50,000/-(fifty thousand) in the court below, which would be subject to the result of the criminal case, and subject to supply of agreed milled rice.
(Samarendra Pratap Singh, J.) B.Roy/- U