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Patna High CourtCR. MISC./964/2016disposed

Manoj Kumar v. State Of Bihar And ANR

2016-05-04Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.964 of 2016 ====================================================== Manoj Kumar son of Sri Ram Babu Sharma, resident of Village- Athari, P.S. Runni Saidpur, District- Sitamrhi, A/P residing at Rasalpur Jilani, P.S. Kaji Mohammadpur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The District Manager, SFC, Sitamarhi.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar, Advocate For BSFC : Mr. A.N.Rai, Advocate For the Opposite Party/s : Mr. A.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 04-05-2016 The present application has been filed for modification of order dated 07.07.2015 passed in Cr. Misc. No. 29469 of 2015 to the extent of extending the period of deposit of 20% of the undertaken amount.

The petitioner was preferred Cr. Misc. No.

29469 of 2015 with a prayer for anticipatory bail in a case registered for the offences punishable under Sections 406, 409 and 420/34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.964 of 2016 (03) dt.04-05-2016 2/3 The petitioner being rice miller was supplied certain paddy for supplying Custom Milled Rice but the petitioner filed to supply to the extent of 2314.44 quintals worth Rs.50,12,058.69/-.

On submission of learned counsel for the petitioner that the petitioner is ready to deposit 20% of the alleged due amount the petitioner was granted provisional anticipatory bail for six months. The provisional bail was to be confirmed by the learned court below on deposit of 20% of alleged due amount. It is submitted by learned counsel for the petitioner that 20% of the alleged due amount has now been deposited. This fact has not been controverted by Mr. A.N. Rai learned counsel appearing for BSFC.

It is further submitted by learned counsel for the petitioner that the bail bond of the petitioner has not been cancelled till date.

In view of the above facts, the provisional anticipatory bail granted to the petitioner vide order dated 07.07.2015 in connection with Dumra P.S. Case No. 90 of 2015 pending in the court of learned Chief Judicial Magistrate, Sitamarhi is, hereby, confirmed, in case the bail bond of the petitioner has not been cancelled till date.

Patna High Court Cr.Misc. No.964 of 2016 (03) dt.04-05-2016 3/3 Accordingly, this modification application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T