Shailesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32915 of 2015 Arising Out of PS.Case No. -132 Year- 2015 Thana -KUDRA District- BHABHUA (KAIMUR) ======================================================

1. Shailesh Kumar Son of Surendra Bahadur Singh, resident of village - Nevras, P.S. - Kudra, District - Kaimur at Bhabhua. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Food and Civil Supplies Corporation, Bihar at Patna. null null .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Raj Kishore Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-08-2015 Heard learned counsel for the petitioner and learned counsel for the Bihar State Food and Civil Supplies Corporation as well as learned counsel for the State.

The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that an allegation has been levelled against the petitioner for defalcating an amount of Rs. 65,11,939.92. It is submitted that out of the said amount, the petitioner has deposited rupees thirteen lacs. Considering the fact that other similar situated rice mills owners have been extended the privilege of anticipatory bail after

Patna High Court Cr.Misc. No.32915 of 2015 (2) dt.13-08-2015 P2/2 depositing 20% of the alleged amount in the First Information Report, let the petitioner also be extended the similar privilege as he is also willing to deposit 20% of the amount so alleged. Learned counsel for the petitioner further submits that rupees thirteen lacs already deposited by the petitioner may be included in the said 20% to which learned counsel for the Bihar State Food and Civil Supplies Corporation has no objection.

Considering the aforementioned submission and also the fact the petitioner has already deposited rupees thirteen lacs and is also willing to deposit rest of the amount, let the petitioner Shailesh Kumar, in the event of his arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Kaumur at Bhabhua in connection with Kudra P.S. Case No. 132 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J) Saif/- U T