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Sunil Kumar Keshri @ Sunil Kumar Keshari v. The State Of Bihar

Patna HC4 Jun 2015CR. MISC./20258/2015

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to a mill owner facing charge under IPC 409 and 420 for alleged failure to supply custom milled rice. The petitioner claims supply was delayed due to lack of carrier from the State Food Corporation. The court directed surrender within four weeks and imposition of a monetary deposit.

What did the court decide?

Anticipatory bail granted; direction to surrender within four weeks; bail bond of Rs.5,000 with two sureties and a deposit of Rs.50,000.

Sunil Kumar Keshri @ Sunil Kumar Keshari Vs… — Contract and Commercial Disputes | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.20258 of 2015

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Arising Out of PS.Case No. -115 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== 1. Sunil Kumar Keshri @ Sunil Kumar Keshari son of Sri Ramjee Sah resident of village - Kaudiram, P.S. - Mohania, District - Kaimur (Bhabhua). .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pancham Lal Jaiswal For the Opposite Party/s : Mr. Ashok Kumar(App) For B.S.F.C. : Mr. Awadesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 2 04-06-2015 The petitioner seeks anticipatory bail in Mohania P.S.Case No. 115 of 2015 under sections 409 and 420 of the Indian Penal Code. The petitioner is the mill-owner. As per the prosecution, the petitioner, a miller entered into an agreement with the State Food Corporation for supplying the C.M.R.(custom milled rice) in lieu of the paddy supplied to the Mill. The petitioner submits that the milled rice is in readiness in the Mill and he is willing to supply the same to the State Food Corporation. It is further submitted that the milled rice could not be supplied to them, as the Corporation had not provided the carrier for carrying the same, as stipulated in the agreement. Besides this, substantial property is also mortgaged with the

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Patna High Court Cr.Misc. No.20258 of 2015 (2) dt.04-06-2015

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2 / 2

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respondents.

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It appears that the cases of similar mill owners came for consideration before this Court in Cr.Misc.No. 43286 of 2014, Cr.Misc.No. 24606 of 2015 and in other cases. This Court after hearing the parties and also taking into consideration the nature of the allegations, has been pleased to enlarge the petitioners of those cases on anticipatory bail.

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The learned counsel for the State Food Corporation submits that in one case while granting anticipatory bail, this Court directed the mill owner to deposit 20 % of the amount of the price of paddy not supplied.

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Having regard to the facts and circumstances of the case, I direct that in the event of surrender within four weeks from today before Chief Judicial Magistrate, Kaimur at Bhabhua, the petitioner shall be released on bail on furnishing bail bond of Rs.5,000/-(five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua in connection with Mohania P.S. Case No. 115 of 2015, with a further condition that the petitioner shall deposit a sum of Rs.50,000/-(fifty thousand) in the court below, which would be subject to the result of the criminal case , and subject to supply of agreed milled rice.

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(Samarendra Pratap Singh, J)

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BK.Roy/-

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U T

Sunil Kumar Keshri @ Sunil Kumar Keshari v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sunil Kumar Keshri @ Sunil Kumar Keshari v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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