Banarsi Prasad Singh v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.58082 of 2015 (2) dt.13-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58082 of 2015 Arising Out of PS.Case No. -1172 Year- 2015 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ====================================================== BANARSI PRASAD SINGH, Prop- M/S Shankar Mini Rice Mill BedaSasaram, son of Uma Shankar Singh, resident of village- Beda, P.S.- Sasaram (Muffasil), District- Rohtas .... .... Petitioner/s

Versus

1. The State of Bihar null null

2. The District Manager, Bihar State Food and Civil Supplies Corporation, Rohtas at Sasaram, District- Rohtas (Sasaram) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Smt. Indu Kumari Srivastava (App) For the BSFC : Mr. A.N. Rai. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 13-01-2016 Heard learned counsel for the petitioner and learned counsel for the BSFC.

The petitioner being the Rice Miller is apprehending his arrest in connection with Sasaram (Muffasil) P.S. Case No. 1172 of 2015 registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code. Learned counsel for the petitioner submits that though there is allegation against the petitioner of defalcation of Rs. 57,94,713.73/- being the quantified amount of the C.M.R due from him but the petitioner has already pledged properties more than the said amount and therefore, there was no necessity for filing the

Patna High Court Cr.Misc. No.58082 of 2015 (2) dt.13-01-2016 present case. It is further submitted that the properties, pledged out by the petitioner is to the tune of Rs. 7288000 lacs/- which is evident from Annexure-3, appended to the supplementary affidavit, filed today.

Considering the aforesaid submissions and also the fact that the petitioner is willing to appear and negotiate for settlement of the accounts with the Corporation, 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 bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas, Sasaram in connection with Sasaram (Muffasil) P.S. Case No. 1172 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjana Mishra, J) Jagdish/- U T