Patna High CourtCR. MISC./79799/2018disposal with observation

Kundan Kumar v. The State Of Bihar

2019-01-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79799 of 2018 Arising Out of PS. Case No.-51 Year-2018 Thana- PARASI District- Jehanabad ====================================================== Kundan Kumar son of Jawhar Sao @ Jawahar Sao, resident of villageBelkhara, Police Station-Karpi, District- Arwal. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No-2, Adv.

For the State :

Mr.Sri Tarun Prasad Mandal, APP For the B.S.F.C.

Mr. Shailendra Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2019 This is an application for grant of anticipatory bail in connection with Parasi P.S. Case No. 51 of 2018, disclosing offences under Sections 420, 406 and 34 of the Indian Penal Code.

Allegation against the petitioner is of non supply of 1350 quintal rice at the rate of Rs.2498.65/- per quintal, which comes to amount of Rs.33,37,177/-.

Submission of learned counsel for the petitioner is that two persons have involved in this case and the petitioner was only the Manager of said godown. Further, he is ready to deposit 50% of the total amount due as mentioned above. Heard learned A.P.P. as well as learned counsel for the B.S.F.C.

Patna High Court Cr.Misc. No.79799 of 2018(4) dt.31-01-2019 2/2 Having heard both sides, considering the above facts and circumstances of the case, this application is disposed of with a direction to the petitioner to deposit 50% of the total due amount as mentioned above within a period of 10 weeks and once the amount so deposited within the stipulated period, the petitioner shall be released on bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Arwal, in connection with Parasi P.S. Case No. 51 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is further subject to the condition to cooperate in investigation of the case, otherwise the prosecution will be at liberty to pass any order or orders which may be deems fit and proper.

(Vinod Kumar Sinha, J) Amjad/- U T