Vinod Kumar Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26253 of 2015 Arising out of PS.Case No. -92 Year- 2015 Thana -RAMGARH District- BHABHUA (KAIMUR) ====================================================== Vinod Kumar Singh, S/o Sachidanand Singh, resident of village - Dewhaliyan, P.S. Ramgarh, District - Kaimur ( Bhabua ). .... .... Petitioner
Versus
1. The State of Bihar.
2. Pramod Kumar Pathak S/o Late Uday Chandra Pathak, District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Kaimur at Bhabua. .... .... Opposite Parties.
====================================================== Appearance :
For the Petitioner : Mr. Bhaskar Shankar, Advocate. For the State : Mr. Indu Bala Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is apprehending his arrest in Ramgarh P.S. Case No. 92 of 2015 registered under sections 409 and 420 of the Indian Penal Code.
Prosecution case, in short, is that the petitioner being owner for rice mill has received paddy of 2000.00 quintals under an agreement to deposit 1340.00 quintals of C.M. R. but the petitioner has not deposited the same and Rs. 29,01,850.40 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. 29, 01,850.40. It is further submitted that petitioner is ready to deposit 20% of the said amount within a period of six months.
Patna High Court Cr.Misc. No.26253 of 2015 (2) dt.17-07-2015 2/2 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. 29, 01,850.40 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 Chief Judicial Magistrate, Kaimur at Bhabhu in Ramgarh P.S. Case No. 92 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 six months through bank draft.
U.K./- (Sudhir Singh, J) U T