Rahul Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57035 of 2018 Arising Out of PS.Case No. -104 Year- 2015 Thana -BARURAJ District- MUZAFFARPUR ======================================================

1. Rahul Kumar, Son of Yogendra Kumar, R/o Village- Manguraha Tajpur, P.S.- Baruraj, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Manager Bihar State Food and Civl Supplies Corporation Ltd, Muzaffarpur.

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

For the Petitioner/s : Mr. Uday Prakash Shrarma, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-10-2018 Heard the parties. The petitioner seeks regular bail in connection with Baruraj P.S.Case No. 104 of 2015, registered for offences punishable under Sections 406, 407 and 420 of the Indian Penal Code.

Allegation as per F.I.R. against the petitioner is that according to agreement, the petitioner received one thousand quintal of paddy from different Paddy Purchase Centers against which the petitioner had to supply 670 quintal rice to the BSFC but the petitioner supplied only 270 quintal of rice and remaining 400 quintal of rice could not supply amounting of Rs. 9,91,424/-. Submission of the learned counsel for the petitioner

Patna High Court Cr.Misc. No.57035 of 2018 (3) dt.08-10-2018 2/2 is that as per agreement, he has to pay Rs. 5, 40,000/- and he is ready to deposit the amount as per direction of the Hon'ble Apex Court, which is annexed as Annexure-8 and further submission is that the petitioner has already deposited 2, 40,000/- and as per agreement he is ready to pay the rest amount of Rs. 5, 00,000/-. Heard learned A.P.P. as well as learned counsel appearing on behalf of BSFC.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is accordingly disposed of with direction to the learned court below that if the petitioner deposits Rs. 5,00,000/- by Bank draft in favour of BSFC, he shall be released on bail to the satisfaction of the Court below itself.

This application is accordingly, disposed of. (Vinod Kumar Sinha, J) Sudha/- U T