Rakesh Kumar Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31702 of 2015 Arising Out of PS.Case No. -90 Year- 2015 Thana -DUMRA District- SITAMARHI ====================================================== Rakesh Kumar Yadav, son of Chandrika Prasad Yadav, resident of Village Chainpur, P.O. Bhagwanpur Bazar, Block & P.S. Adapur, District East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Manager, Bihar State Food & Civil Supplies Corporation Limited, Motihari .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Suraj Samdarshi, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Singh(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 04-08-2015 Heard learned counsel for the petitioner and the learned counsel for the Food Corporation.

The petitioner is apprehending his arrest in connection with Dumra P.S. Case No.90 of 2015 for allegedly having committed the offences under Sections 406, 409, and 420/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that in lieu of the paddy received from the State Food Corporation, the petitioner had entered into an agreement to supply prepared rice. Thereafter, there was some problem with regard to lifting of the rice prepared by the petitioner by the State Food Corporation, as a result of which the same could not be supplied to the Corporation. Learned counsel for the petitioner submits that be

Patna High Court Cr.Misc. No.31702 of 2015 (2) dt.04-08-2015 2/2 that as it may, the petitioner is willing and ready to deposit 20% of the amount, which is involved in the F.I.R., within a period of eight months or as soon as the rice is sold. Learned counsel further submits that he has also given a Bank guarantee with regard to the transaction and that a certificate case is also proceeding.

Since the petitioner is ready to deposit 20% of the amount, which is not objected to by the learned counsel for the Corporation, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi, in connection with Dumra P.S. Case No.90 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T