Sonu Kumar Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24628 of 2015 Arising Out of PS.Case No. -78 Year- 2015 Thana -KOILWAR District- BHOJPUR ====================================================== Sonu Kumar Rai, son of Sri Lal Das Rai, resident of Industrial Area, Gidha, P.S. Koilwar, District-Bhojpur, Managing Director, Lal Chinta Rice Mill Pvt. Ltd., situated at Industrial Area, Gidha, P.S. Koilwar, District-Bhojpur. .... .... Petitioner

Versus

1.State of Bihar 2.The District Manager, B.S.F.C. Ltd., Bhojpur. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Sinha For the Opposite Party/s : Mr. Bhanu Pratap Singh(App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 04-06-2015 The petitioner seeks anticipatory bail in Koilwar P.S. Case No. 78 of 2015 under sections 420, 406, 409, 120B/34 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 could not be supplied to them, as the Corporation had not provided the carrier for carrying the same, as stipulated in the agreement.

Patna High Court Cr.Misc. No.24628 of 2015 (2) dt.04-06-2015 2 / 3 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 Chief Judicial Magistrate, Bhojpur at 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Koilwar P.S. Case No. 78 of 2015, with a further condition that the petitioner shall deposit a 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

Patna High Court Cr.Misc. No.24628 of 2015 (2) dt.04-06-2015 3 / 3 agreed milled rice.

(Samarendra Pratap Singh, J.) B.Roy/- U T