Alakh Niranjan Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29790 of 2015 Arising out of PS.Case No. -137 Year- 2015 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Alakh Niranjan Singh .... .... Petitioner

Versus

1. The State of Bihar.

2. B.S.F.C.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Rana Pratap Singh, Advocate. For the State : Mr. Jitendra Kumar Roy-I(App) For the B.S.F.C. : Mr. Shailendra Kr. Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-07-2015 Heard learned counsels for the petitioner, B.S.F.C. and learned A.P.P. for the State.

The petitioner is apprehending his arrest in Kudra P.S. Case No. 137 of 2015 registered under sections 409 and 420 of the Indian Penal Code.

Prosecution case, in short, is that the petitioner being owner for rice mill has received paddy of 15761.00 quintals under an agreement to deposit 10559.87 quintals of C.M. R. but the petitioner has deposited only 9170.01 quintals of C.M.R and rest has not deposited and Rs. 26,45,084.26 has been embezzled for personal benefit against which the petitioner has deposited Rs. 5,00,000.00.

It has been submitted on behalf of the petitioner that as per the allegation the outstanding dues against the petitioner is of Rs. 21,45,084.26. It is further submitted that petitioner is ready to deposit 20% of Rs. 21,45,084.26 within a

Patna High Court Cr.Misc. No.29790 of 2015 (2) dt.29-07-2015 2/2 period of one year.

On behalf of the State it has been submitted that the petitioner is named in the first information report and there is direct allegation against him.

Considering the aforesaid facts and circumstances, petitioner is directed to deposit 20% of Rs. 21,45,084.26 before the State Food Corporation within a period of one year through bank draft.

In the meantime, the above named petitioner in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order is directed to be enlarged on provisional anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in Kudra P.S. Case No. 137 of 2015, subject to the conditions laid down under section 438(2) Cr.P.C. The provisional bail granted to the petitioner shall be confirmed by the court below, if the petitioner produces certificate showing that the 20% of the outstanding dues has been deposited by him before the State Food Corporation within a period of one year through bank draft.

U.K./- (Sudhir Singh, J) U T