Subodh Kumar Sharma v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38649 of 2016 Arising Out of PS.Case No. -393 Year- 2016 Thana -BANKA District- BANKA ====================================================== Subodh Kumar Sharma S/o Late Kailash Prasad Sharma R/o MohallaAliganj, P.S.- Mojahidpur, District- Bhagalpur. .... .... Petitioner
Versus
1. The State of Bihar.
2. The District Manager, Bihar State Food and Civil Supplies Corp. Ltd., Banka.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Subodh Prasad, Adv. For the B.S.F.C. : Mr. Niraj Kumar, Adv. For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-09-2016 Heard learned counsel for the petitioner, learned counsel for the B.S.F.C. as well as learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 406, 420 and 379 of the Indian Penal Code registered in connection with Banka P.S. Case No. 393 of 2016.
3. According to the prosecution, the petitioner received 3200 quintals of paddy for milling and as per agreement he had to deposit 67% i.e. 2144 quintals of CMR rice, but he deposited 1890 quintals of rice till 19.05.2016 being the cutoff date, and could not deposit 254 quintals of CMR rice worth Rs. 5,50,052/-
4. It is submitted that the petitioner, being a rice miller, has been falsely implicated in what essentially constitutes a contractual dispute and in respect of which requisition has been sent by the District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Banka for the recovery of the amount said to be due. The petitioner however, claims to have deposited a sum of Rs. 2,00,000/- with the OP NO. 2, and thus there remained a balance of Rs. 3,50,052/- only. In any event, the petitioner expresses his
Patna High Court Cr.Misc. No.38649 of 2016 (2) dt.22-09-2016 2/2 readiness to deposit 20% of the said remaining balance of Rs. 3,50,052/- in instalments.
5. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on provisional 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, Banka in connection with Banka P.S. Case No. 393 of 2016, subject to the conditions as laid down under Section 438 (2) Cr.P.C..
6. The provisional bail of the petitioner will be confirmed by the learned Court below on deposit of 20% of the due amount of Rs. 3,50,052/- through bank draft within three months in three equal monthly instalments in favour of OP No. 2 (The District Manager, Bihar State Food and Civil Supplies Corporation Ltd, Banka). Such deposit shall abide by the final result of the trial.
7. Cr. Misc. No. 38649 of 2016 stands disposed of. (Vikash Jain, J) Md. Ibrarul/BT U T