Ashok Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40226 of 2016 Arising Out of PS.Case No. -88 Year- 2016 Thana -PARAIYA District- GAYA ====================================================== ASHOK PRASAD S/O MAHENDRA MAHTO RESIDENT OF VILLAGE - PRANPUR, P.S. - PARAIYA, DISTRICT - GAYA.

.... .... PETITIONER/S

VERSUS

1. THE STATE OF BIHAR.

2. DISTRICT MANAGER, BIHAR STATE FOOD CORPORATION, GAYA.

.... .... OPPOSITE PARTY/S ====================================================== Appearance:

For the Petitioner/s : Mr. Bhaskar Shankar, Adv. For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Petitioner who happens to be proprietor of a rice mill had entered into an agreement with the Bihar State Food Corporation for milling of rice and during course thereof, till today it has been alleged that misappropriated a sum of Rs.56,60,793/-.

Learned counsel for the petitioner has submitted that he is ready to deposit 20% before his release and remaining 80% will be deposited at his end within one and half year.

The learned Additional Public Prosecutor did not object.

On deposit of 20% of misappropriated amount of Rs.56,60,793/-, petitioner Ashok Prasad is directed to be released on provisional bail for a period of one and half year on furnishing bail bonds of Rs.10,000/-(ten thousand) with two

Patna High Court Cr.Misc. No.40226 of 2016 (2) dt.20-09-2016 sureties of the like amount each, to the satisfaction of learned Sri Santosh Kumar Dubey, Judicial Magistrate, 1st Class, Gaya in connection with Paraiya P.S. Case No.88/2016 with a further condition to deposit the remaining amount within the aforesaid stipulated period. In case the remaining amount, as indicated above, is deposited at the end of the petitioner then, in that event the learned lower court will confirm provisional bail of the petitioner failing which, the provisional bail so granted to the petitioner will cease to survive. (Aditya Kumar Trivedi, J.) Prakash Narayan U T