Sanjeet Kumar Singh @ Sanjeev Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29844 of 2015 Arising Out of PS.Case No. -40 Year- 2015 Thana -OBRA District- AURANGABAD ======================================================

1. Sanjeet Kumar Singh @ Sanjeev Kumar Singh S/o Akhilesh Singh Resident of village - Kurma, P.O. Obra, P.S. Obra, District - Aurangabad .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Manager, B.S.F.C., Aurangabad .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-07-2015 Heard learned counsels for the petitioner and the State. The petitioner being a rice miller is apprehending arrest in a case registered for the offences punishable under Sections 420 and 409 of the Indian Penal Code.

The prosecution case is that Aurangabad unit of Bihar State Food and Civil Supplies Corporation supplied 11400 quintals of paddy to the petitioner being rice miller under an agreement for the agricultural years 2011-12 and the petitioner was supposed to supply 7638 quintals of processed rice. The petitioner supplied only 5310 quintals of processed rice and failed to supply 2508 quintals of processed rice worth Rs.54,31,224.00/- .

Patna High Court Cr.Misc. No.29844 of 2015 (2) dt.14-07-2015 2/3 It is submitted by the learned counsel for the petitioner that the rice could not be supplied due to apathetic attitude of officials of Bihar State Food and Civil Supplies Corporation and under agreement the due amount was supposed to be realized by initiating certificate proceeding under the provision of Bihar and Orissa Public Demands Recovery Act, 1914 or through arbitration. Certificate Case No. 58 of 2014-15 has been initiated. More over, the petitioner has already deposited Rs.800000/- It is submitted by Mr. Shailendra Kumar Singh, learned counsel for the BSFC that the petitioner failed to make supply within time frame and the BSFC has already initiated legal proceeding being certificate case no. 58 of 2014-15.

So far the claim of the petitioner that he has deposited Rs.800000/- is subject to verification. However, it is submitted by learned counsel for the petitioner that the petitioner will deposit 20% of the alleged due amount through bank draft in favour of State Food and Civil Supplies Corporation within six months. The 20% amount will include Rs.800000/-, as claimed to have been deposited.

Patna High Court Cr.Misc. No.29844 of 2015 (2) dt.14-07-2015 3/3 furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM Aurangabad in connection with Obra P.S. Case No. 40 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The aforesaid deposit will not be treated to be an admission of the petitioner with regard to the claim of the informant but the same will be subject to the certificate proceeding or any legal proceeding.

The provisional bail of the petitioner will be confirmed by the learned court below on submission of 20% of the due amount deducting the amount already deposited through bank draft within six months in favour of the Bihar State Food and Civil Supplies, Corporation, Patna.

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