Chandra Prakash Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25419 of 2015 Arising Out of PS.Case No. -72 Year- 2015 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================

1. Chandra Prakash Gupta S/o Shivdas Gupta, R/o Village Sonbarsa, P.S. Industrial Area, Buxar District Buxar, Bihar, Proprietor M/S Shivan Mini Rice Mill, Katkauli, Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudha Chandra For the Opposite Party/s : Mr. Aslam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-07-2015 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

The prosecution case is that under an agreement the petitioner being the rice mill owner was supplied 11388 quintals of paddy by the Buxar unit of The Bihar State Food and Civil Supplies Corporation during the agriculture season 2011-12 when the petitioner was supposed to supply 8970.23 quintals of custom milled rice but he supplied only 2556.43 quintals of custom milled rice and failed to supply 6413.80 quintals of processed rice worth `1,22,06,299/-.

Patna High Court Cr.Misc. No.25419 of 2015 (2) dt.14-07-2015 2/3 It is submitted that processed rice could not be supplied due to laches on the part of the authorities of The Bihar State Food Corporation. Though, the certificate proceeding was also initiated but the same was dismissed. The petitioner is still ready to supply the balance processed rice.

It is submitted by Mr. Shailendra Kumar Singh, learned counsel for The Bihar State Food and Civil Supplies Corporation that the petitioner failed to supply the processed rice within stipulated period and under the agreement, The Bihar State Food and Civil Supplies Corporation is entitled to initiate legal action for recovery of due amount. Though, certificate case was dismissed on technical ground but against the order of dismissal an appeal is pending.

The petitioner undertakes to submit bank draft of 20% of alleged due amount within a period of eight months in favour of The Bihar State Food and Civil Supplies Corporation, Patna, though statement to that effect has not been made in the petition.

Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for nine months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on

Patna High Court Cr.Misc. No.25419 of 2015 (2) dt.14-07-2015 3/3 furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar in connection with Buxar Industrial Area P.S. Case No. 72 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned court below on submission of draft of 20% of alleged due amount within a period of eight months. The aforesaid deposit will be subject to any proceeding initiated for recovery of balance due amount.

(Dinesh Kumar Singh, J) Amrendra/- U T