Patna High CourtCR. MISC./2014/2019disposal with observation

Hari Shankar Prasad v. The State Of Bihar And ANR

2019-02-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2014 of 2019 Arising Out of PS. Case No.-706 Year-2017 Thana- VAISHALI District- Vaishali ====================================================== Hari Shankar Prasad, son of Sri Jagarnath Prasad Prop. M/s Shivam Rice Mill,Kritpur, P.S.- Paharpur, East Champaran, Motihar ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The District Manager, S.F.C., Vaishali, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the BSFC Mr. Shailendra Kumar Singh For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-02-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Hajipur (Vaishali) Town P.S. Case No.706 of 2017 registered for offences punishable under Sections 467, 468, 471, 409, 406 and 420 of the Indian Penal Code. Allegation against the petitioner is of defalcation of the amount as he has not deposited total CMR of the rice and it appears that petitioner has deposited Rs.8 lakhs itself and still more than Rs.55 lakhs is dues to the petitioner. Heard learned A.P.P. as well as learned counsel for BSFC. It has also been stated that the petitioner is still ready to deposit the amount if sufficient time is being given to him. Having heard both sides and in view of the facts

Patna High Court Cr.Misc. No.2014 of 2019(3) dt.01-02-2019 2/2 and circumstances, the application is disposed of with the direction to the petitioner to surrender before the Court below, within a period of six weeks from the date of receipt/ production of a copy of this order, with bank draft of Rs.5,29,322/-and payable in the name of the BSFC and if the same be deposited petitioner be granted provisional bail for the period of ten months. He will deposit the rest of the amount in ten equal instalments of Rs.5 lakhs each payable in the first week of next month and consecutive months till the completion of the all dues amount, his bail bond shall be confirmed. Failing which to deposit any instalment, bail bond of the petitioner shall be cancelled, on the other hand, when total amount is deposited, his bail bond shall be confirmed.

The petition stand disposed of with the above direction.

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