Bhanu Pratap Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45103 of 2018 Arising Out of PS.Case No. -60 Year- 2015 Thana -AADAPUR District- EASTCHAMPARAN (MOTIHARI) ====================================================== Bhanu Pratap Singh S/o Late Paras Nath Singh, R/o B-38-25, Raghunath Nagar Colony, Mahmoorganj, P.S.- Ada.., District- Varanasi. .... .... Petitioner

Versus

1. The State of Bihar.

2. The District Manager, Bihar State Food and Civil Supplies Corporation, Motihari.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Vikas Kumar For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-09-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Adapur P.S.Case No. 60 of 2015 registered for the offences punishable under Sections 409 and 420 of the Indian Penal Code. Allegation against the petitioner is that he entered into an agreement for supply of paddy to a rice mill, which is nonexistent. Learned counsel for the petitioner drawing my attention towards Annexure-2 series has submitted that list was supplied by the District Magistrate mentioning the names of rice millers and pursuant to that he has entered into an agreement with M/s. Durga Rice Mill and at that time all the papers, including Bank Draft, Land document, receipts, etc. were produced by the owner of M/s Durga Rice Mill and thereafter the petitioner was transferred from District Manager, State Food Corporation, Motihari to Additional Collector, Disaster Management, Muzaffarpur on 16.4.2013 and the Proprietor of M/s. Durga Rice Mill Sri Vijay Shankar Prasad

Patna High Court Cr.Misc. No.45103 of 2018 (4) dt.18-09-2018 2/2 had to deposit CMR till 11.12.2014 and as such petitioner has falsely been implicated in this case.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, named above, surrender within a period of six weeks from the receipt of this order and on his so surrendering he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Motihari, in connection with Adapur P.S.Case No. 60 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and further condition is that petitioner has to produce all the papers before the Investigating Officer, who will examine the same and if any incriminating material has come against the petitioner, he shall move for cancellation of bail bond of the petitioner.

(Vinod Kumar Sinha, J) spal/- U