Santosh Kumar v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.30745 of 2015 (2) dt.12-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30745 of 2015 Arising Out of PS.Case No. -66 Year- 2015 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Santosh Kumar son of Sri Bharat Prasad, resident of village Chiraiya, P.S. Chiraiya, District East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Bihar State Food and Civil Supply Corporation Ltd. Motihari, Dist. East Champaran.

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

For the Petitioner/s : Mr. Vinay Mistry For the Opposite Party/s : Mr. Rajiv Nayan (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 12-08-2015 Heard learned counsel for the petitioner, BSFC and learned counsel for the State.

The petitioner apprehends his arrest in connection with Chiraiya P.S. Case No. 66 of 2015 registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation has been made against him that the corporation had issued paddy for an equal proportionate of rice to be delivered by the Rice Mill Owner but the same was not complied with as a result of which, the corporation suffered a loss of Rs. 97,67, 281.85/- It is further submitted that the said loss was occasioned not out of any deliberate action by the petitioner rather the rice mill had met with fire accident for which, insurance claim has been filed. It is further submitted that the

Patna High Court Cr.Misc. No.30745 of 2015 (2) dt.12-08-2015 petitioner undertakes to repay entire dues once the insurance claim is settled by the National Commission, where the Consumer Case No. 122 of 2014 is pending.

Considering the aforesaid submissions and also the fact that the PDR case has been quashed by this Court, let the petitioner above named in the event of his arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Chiraiya P.S. Case No. 66 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Anjana Mishra, J) Jagdish/- U T