Satendra Kumar Rai@Satendra Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12053 of 2018 Arising Out of PS. Case No.-569 Year-2016 Thana- SASARAM NAGAR District- Rohtas ====================================================== Satendra Kumar Rai @ Satendra Rai, S/o Late Hari Shankar Rai, R/o VillageSawan Bahar, P.S.- Kargahar, District- Rohtas. ... ... Petitioner

Versus

1. The State of Bihar.

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

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Jai Narain Thakur For the Opposite Party/s :

Mr. Nirmal Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-04-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sasaram (Modal) P.S. Case no. 569 of 2016, registered under Sections 409, 420 and 120(B) of the Indian Penal Code. The accusation is that petitioner being the proprietor of M/s Patel Mini Rice Mill, Takiya Bazar, Sasaram uplifted under the agreement 2800 quintal of paddy to supply 1876 quintal rice on milling from Bihar Food Corporation, Rohtas, but he supplied only 1630.80 quintal and remaining 262.20 quintal rice worth of Rs. 5,67,809/- was not supplied. As such, the petitioner misappropriated the aforesaid amount.

Patna High Court Cr.Misc. No.12053 of 2018(2) dt.18-04-2018 2/2 Learned counsel for the petitioner submits that, in fact, the petitioner supplied the said rice to the godown of State Food Corporation, Rohtas, but the receipt was not supplied at that time. Moreover, the Certificate Case has already been initiated against the petitioner by the State Food Corporation. It is further submitted that the petitioner is ready to furnish the bank guarantee of Rs. 5,67,809/- of which amount the rice is said to be not supplied by the petitioner.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Modal) P.S. Case No. 569 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. with further condition that petitioner will furnish bank guarantee of Rs. 5,67,809/-.

(Rajendra Kumar Mishra, J) manish/- U T