Vijay Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27095 of 2015 Arising Out of PS.Case No. -125 Year- 2015 Thana -PIRO DistrictBHOJPUR ====================================================== Vijay Kumar Singh S/o Sri Guli singh Resident of Village- Kachnath More, P.S.- Piro, District Bhojpur, Proprietor of M/s Hari Murat Rice Mill , situated at Village - Kachnath More, P.S- Piro, District Bhojpur. .... .... Petitioner

Versus

1. The State of Bihar.

2. The District Manager, Bihar State Food Corporation , Bhojpur at Ara. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Sinha, Adv. For the Opposite Party/s : Mr. Arvind Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 20-07-2015 Heard both sides.

The petitioner apprehends his arrest in Piro (Hasan Bazar) P.S. Case No. 125/2015, registered for the offences punishable under Sections 420, 406 and other Sections of the Indian Penal Code.

The petitioner lifted 9700 quintals of paddy and he had to deliver 6499 quintals of rice after milling but the petitioner did not deliver 5149 quintals of rice amounting to Rs. 1,11,50,468.44. It is submitted that the petitioner never contravened any conditions in pursuance of which he lifted the paddy for milling. The BSFC did not provide transportation for lifting of

Patna High Court Cr.Misc. No.27095 of 2015 (2) dt.20-07-2015 2/2 rice. Rice is still kept in the go down of the petitioner. The certificate case is also pending. The petitioner is ready to deposit 20% of the aforesaid amount within eight months from the date of receipt of this order.

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 Additional Chief Judicial Magistrate, Ara in connection with Piro (Hasan Bazar) P.S. Case No. 125 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

If the petitioner fails to deposit 20% of the amount of Rs. 1,11,50,468.44 within eight months, the learned court below shall cancel the bail bond of the petitioner.

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