Brajendra Singh @ Bijendra Singh @ Brijendra Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27309 of 2015 Arising Out of PS.Case No. -155 Year- 2015 Thana -MOHANIA DistrictBHABHUA (KAIMUR) ====================================================== Brajendra Singh @ Bijendra Singh @ Brijendra Singh S/o Late Maryad Singh resident of village - Rajiyabandh, P.S. Mohania, District - Kaimur ( Bhabua ) .... .... Petitioner

Versus

1. The State of Bihar

2. The District Manager, State Food Corporation, Kaimur at Bhabua .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Singh, Adv. For the Opposite Party/s : Mr. Mukesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-07-2015 Heard both sides.

The petitioner apprehends his arrest in Mohania P.S. Case No. 155/2015, registered for the offences punishable under Sections 409, 420 of the Indian Penal Code.

The petitioner lifted 13000 quintals of paddy and he had to deliver 8710 quintals of rice to the BSFC by 31.12.2013. It is submitted that the petitioner has already deposited 5655.55 quintals of rice but he did not deliver 3054.45 quintal of rice to the BSFC.

Sri Krishna Prasad Singh, learned Senior Counsel for the petitioner submits that the petitioner deposited 1350 quintals of

Patna High Court Cr.Misc. No.27309 of 2015 (2) dt.21-07-2015 2/2 rice and only 1700 quintals are lying due against the petitioner. The petitioner has filed objection even then the petitioner is ready to deposit 15% of the aforesaid amount within six months. Sri Awadhesh Kumar, learned counsel for the BSFC agreed to the aforesaid terms.

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 Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Mohania P.S. Case No. 155/2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

If the petitioner fails to deposit 15% of Rs. 66,14,594.75 within seven months from the receipt of this order, learned court below shall cancel the bail bond of the petitioner. (Prabhat Kumar Jha, J.) Rakhi/- U T