Tej Pratap Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30022 of 2015 Arising Out of PS.Case No. -131 Year- 2015 Thana -MOHANIA DistrictBHABHUA (KAIMUR) ====================================================== Tej Pratap Singh Son of Shri Muni Singh, Resident of Village - Machhanhata (Bhatawalia), P.S. - Mohania, District - Kaimur at Bhabhua. .... .... Petitioner

Versus

1. The State of Bihar.

2. The Bihar State Food and Civil Supply Corporation Ltd., Kaimur at Bhabhua.

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

For the Petitioner/s : Mr. Viveka Nand Singh, Adv. For the Opposite Party/s : Mr. Shailendra Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-07-2015 Heard both sides.

The petitioner apprehends his arrest in Mohania P.S. Case No. 131/2015, registered for the offences punishable under Sections 420, 409 of the Indian Penal Code.

The petitioner lifted 7350 quintals of paddy and he had to deliver 4924.50 quintals of rice. The petitioner did not deliver 4655.85 quintals of rice. The price of the rice comes to Rs. 1,00,82,522.53.

It is submitted that the petitioner did not contravene any conditions of the agreement. The BSFC did not lift the rice, transportation was not provided to the petitioner. The petitioner is

Patna High Court Cr.Misc. No.30022 of 2015 (2) dt.21-07-2015 2/2 ready to deposit 20% of the aforesaid amount within eight months from the date of receipt of this order.

Learned counsel for the BSFC agreed to the aforesaid terms.

Considering the facts aforesaid, 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, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Mohania P.S. Case No. 131 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

If the petitioner fails to deposit 20% of the total amount i.e. Rs. 1,00,82,522.53 within eight months from the date of receipt of this order, the court below shall cancel the bail bond of the petitioner.

(Prabhat Kumar Jha, J.) Rakhi/- U T