Nabab Singh @ Nawab Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27124 of 2015 Arising Out of PS.Case No. -157 Year- 2015 Thana -JAHANABAD District- JEHANABAD ====================================================== Nabab Singh @ Nawab Singh S/o Late Dayanand Singh Resident of Village - Sikaria, P.S. - Jehanabad Kodhauna, District - Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Manager, B.S.F.C. Jehanabad.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Akhileshwar Pd. Singh, Sr. Advocate Mr. Manoj Kumar, Advocate.

For the Opposite Party/s : Mr. Anuradha Singh, A.P.P. For the BSFC: Mr. Shailendra Kumar Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 406, 409, 420, 120(B) of the Indian Penal Code and Section 7 of the E.C. Act.

The petitioner lifted 11500.00 quintals of paddy from the Bihar State Food & Civil Supplies Corporation Limited and he had to deliver 7705 quintals of rice, but the petitioner delivered 5130 quintals of rice. Still 2575 quintals of rice is lying due against the petitioner and the petitioner thereby committed breach of trust putting the BSFC to loss worth Rs. 55,76,317/-. The petitioner is ready to deposit twenty percent of the aforesaid amount within six months. It is submitted that although the petitioner did not breach any condition of the agreement.

Patna High Court Cr.Misc. No.27124 of 2015 (2) dt.21-07-2015 2/2 Transportation was not provided, therefore, the petitioner could not deliver the rice to the godown of BSFC. A certificate case is also going on.

Considering the facts aforesaid that admittedly the petitioner did not deliver CMR rice worth Rs. 55,76,317/- and the certificate proceeding is also going on and the petitioner is ready to deposit 20% of the aforesaid amount within six months, the above named petitioner, in the event of his arrest or surrender before the learned 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 bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in Kodhauna P.S. Case No.

157/2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with a further condition that the petitioner shall deposit 20% of the remaining amount lying due against him within six months from the date of his release in the account of the BSFC. In the event, the petitioner fails to deposit 20% of the remaining amount, as aforesaid, his bail bonds shall be cancelled.