Rishi Kant Shahi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30082 of 2015 Arising Out of PS.Case No. -25 Year- 2015 Thana -JANTA BAZAR District- SARAN ====================================================== Rishi Kant Shahi, son of Nag Narayan Shahi @ Jaynarayan Shahi, resident of village- Dhanesh Chapra, P.S. Janta Bazar, District- Saran at Chapra. .... .... Petitioner/s

Versus

1. The State of Bihar,

2. Bihar State Food Corporation through District Manager, Saran at Chapra.

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

For the Petitioner/s : Mr. Siddharth Harsh, Advocate. For the Opposite Party/s : Mr. Nityanand(APP) For the BSFC : Mr. Shailendra Kumar Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in Obra P.S. Case No. 40 of 2015 registered under Sections 406, 409, and 420 of the Indian Penal Code.

Prosecution case, in short, is that the petitioner being owner for rice mills has received paddy of 4469.20 quintals under an agreement to deposit 5004.36 quintals of C.M. R. but the petitioner has deposited only 2700 quintals of C.M.R and rest has not deposited and Rs. 49, 90,316.50 has been embezzled for personal benefit.

It has been submitted on behalf of the petitioner that as per the allegation the outstanding dues against the petitioner is of Rs. 49, 90,316.50. It is further submitted that petitioner is ready to deposit 20% of the said amount within a

Patna High Court Cr.Misc. No.30082 of 2015 (2) dt.29-07-2015 2/2 period of ten months.

On behalf of the State it has been submitted that the petitioner is named in the first information report and there is direct allegation against him.

Considering the aforesaid facts and circumstances, petitioner is directed to deposit 20% of Rs. 49, 90,316.50 before the State Food Corporation within a period of ten months through bank draft.

In the meantime, the above named petitioner in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order is directed to be enlarged on provisional anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Saran in Janta Bazar P.S. Case No. 25 of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C. The provisional bail granted to the petitioner shall be confirmed by the court below, if the petitioner produces certificate showing that the 20% of the outstanding dues has been deposited by him before the State Food Corporation within a period of ten months through bank draft.

(Sudhir Singh, J.) Mkr./- U