Mahesh Sah v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.4428 of 2016 (3) dt.17-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4428 of 2016 Arising Out of PS.Case No. -105 Year- 2013 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Mahesh Sah Son of Late Sukhdeo Sah, M/s Saha Rice Mill Asarganj, Resident of Village - Asarganj, P.S. - Asarganj, District - Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Madhepura, District - Madhepura.

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

For the Petitioner/s : Mr. Amal Kumar Sinha For the State : Mr. Ram Priya Sharan Singh (App) For SFC : Nirmal Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-02-2016 Supplementary affidavit is filed on behalf of the petitioner.

Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner, being rice miller, lifted paddy but did not return the rice and, accordingly, he breached the contract and misappropriated huge government money.

Contention on behalf of the petitioner is that even if, the aforesaid story assumed to be true, then also, petitioner can be fastened only with the civil liability.

Considering the above-said facts and circumstances

Patna High Court Cr.Misc. No.4428 of 2016 (3) dt.17-02-2016 of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Madhepura P.S. Case No. 105 of 2013 to the satisfaction of learned Chief Judicial Magistrate, Madhepura. (Hemant Kumar Srivastava, J) A.K.V./- U T