Anil Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18860 of 2016 ======================================================

1. Anil Kumar Son of Shri Indrajeet Prasad, Proprietor of M/s Mahavir Rice Mill, Phulwaria, P.S. - Sugauli, District - East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Manager, Bihar State Food & Civil Supplies Corporation Limited, East Champaran, Motihari.

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

For the Petitioner/s : Mr. Suraj Samdarshi, Advocate For the Opposite Party/s : Mr. M.K. Nirala (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-05-2016 The present application has been filed for modification of order dated 26.08.2015 passed in Cr. Misc. No. 33264 of 2015 for extending the period of deposit of undertaken amount.

The petitioner being the rice miller was supplied certain amount of paddy, but failed to supply the costumed mill rice to the tune of 100.9357 quintals of paddy worth Rs. 19,04,910/-. It was submitted by the learned counsel for the petitioner that petitioner is ready to deposit 20% of the alleged due amount within a period of five months. On the said submission, the petitioner was granted provisional anticipatory bail for a period of six months with condition that provisional anticipatory bail will be confirmed by the learned court below on deposit of the alleged due amount.

Patna High Court Cr.Misc. No.18860 of 2016 (2) dt.04-05-2016 It is submitted by the learned counsel for the petitioner that 20% alleged due amount has been deposited with few days delayed.

Mr. Shailendra Kumar, learned counsel for the Bihar State Food and Civil Supplies Corporation Limited does not controvert the contention of the petitioner. Learned counsel for the petitioner submits that bail bonds filed by the petitioner has not been cancelled till date. Though statement to that effect has not been made in the petition.

Considering the submissions of the parties, the provisional anticipatory bail granted to the petitioner in connection with Suguli P.S. Case No. 136 of 2015, pending in the court of learned Chief Judicial Magistrate, East Champaran, Motihari is hereby confirmed, in case, the bail bonds of the petitioner has not been cancelled till date. Accordingly, this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T