Patna High CourtCR. MISC./36849/2016bail granted

Rakesh Kumar v. State Of Bihar And ANR

2016-11-16Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36849 of 2016 Arising Out of PS.Case No. -195 Year- 2016 Thana -SUPAUL District- SUPAUL ====================================================== Rakesh Kumar, S/o Bhola Prasad Yadav, Resident of Village- Budhaura, P.S.- Alauli, District- Khagaria .... .... Petitioner

Versus

1. The State of Bihar

2. The Bihar State Food Civil Supply Corporation, Supaul .... .... Opposite Party ====================================================== Appearance:

For the Petitioner : Mr. N.K. Agrawal (Sr. Adv.) Mr. Binod Kumar, Advocate For the Informant : Mr. Aishwarya Riti, Advocate For the State : Ms. Gulnar Begum (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-11-2016 Heard learned counsel for the petitioner and learned counsel on behalf of State Food Corporation as well as learned counsel appearing on behalf of the State.

The petitioner being the rice mill owner is apprehending his arrest in connection with Supaul P.S. case No. 195 of 2016 registered for the offences punishable under Sections 406, 420 and 120B of the Indian Penal Code.

Learned senior counsel appearing on behalf of the petitioner submits that though there is alleged defalcation of over two crores, the petitioner is willing to deposit 20% of the aforementioned alleged defalcated amount before the State Food Corporation within a period of four months from today.

Patna High Court Cr.Misc. No.36849 of 2016 (7) dt.16-11-2016 2/2 In case the petitioner so deposits, thereafter let 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, 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 learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 195 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

It is made clear that the present order is only by way of interim measure and if the petitioner does not deposit the same within the aforementioned period, it shall be open to the State Food Corporation to move this Court for modification/cancellation of this order in accordance with law.

(Anjana Mishra, J.) ravi/- U T