Ravindra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18017 of 2015 Arising Out of PS.Case No. -58 Year- 2015 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Ravindra Kumar Singh Son of Late Dhaneshwar Singh Proprietor of M/s Om shiv Shakti Rice Mill. Kudra Resident of Village- Kudra, P.s - Kudra, District- Kaimurat Bhabhua.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Mkeshwar Dayal, APP CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 28-05-2015 Heard counsel for the petitioner and Mr. Dayal learned APP for the State.

The petitioner apprehends his arrest in connection with Kudra P.S. Case N. 58 of 2015 registered under sections 409 and 420 IPC and seeks anticipatory bail. The allegation precisely is that according to the agreement, the petitioner being the rice miller was required to provide 4489 quintals of rice but he has provided only 2693.25 quintals of the same to the State Food Corporation for the year 2013-14. There was due of 1795.75 quintals of rice. The same was not provided after milling.

The contention of the petitioner is that as per the

Patna High Court Cr.Misc. No.18017 of 2015 (2) dt.28-05-2015 2 / 3 contract entered into between the parties such recovery can be made by initiating a proceeding under the PDR Act. The petitioner furnished a bank guaranty and mortgaged his property with the Corporation giving right to the informant to recover the loss, if any, sustained. It is purely a case of civil nature. Several accused persons facing accusation of similar nature have since been granted the privilege of anticipatory bail. web copies of the two orders passed by this Court in Cr. Misc. No. 23971 of 2015 and 24606 of 2015, both dated 22.05.2015, have been produced for perusal which are taken on record and marked as 'X' and 'Y' respectively for identification.

Having heard the parties, I grant the petitioner the privilege of anticipatory bail. Accordingly, in the event of arrest/surrender within three four weeks from today, the petitioner above named shall be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua in Kudra P.S. Case No. 58 of 2015 on condition that one of the bailors of the petitioner shall be his own/close family member. He shall appear on each date fixed at the trial. In case of default in

Patna High Court Cr.Misc. No.18017 of 2015 (2) dt.28-05-2015 3 / 3 appearance on two consecutive dates, his bail bonds shall stand cancelled.

(Kishore Kumar Mandal, J) HR/- U