The Patna High Court granted anticipatory bail to a mill owner accused under IPC sections 409 and 420 for failing to supply custom-milled rice to the State Food Corporation due to lack of carriers and property issues.
Released on bail upon surrender within four weeks with a bond of Rs. 5,000 and deposit of Rs. 50,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20400 of 2015
Criminal Miscellaneous No.20400 of 2015
Arising Out of PS.Case No. -117 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR)
======================================================
1. Prakash Kumar Keshri @ Prakash Kumar Keshari son of Sri Subash
Prasad Keshri, resident of Village- Sukulpipra, P.S.- Mohania, District-
Kaimur (Bhabhua)
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumeet Kumar Singh
For the Opposite Party/s : Mr. Ashok Kumar(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SAMARENDRA
PRATAP SINGH
ORAL ORDER
Patna High Court Cr.Misc. No.20400 of 2015 (2) dt.04-06-2015
2 / 3
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 respondents.
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.
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.
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. 117of 2015,
Patna High Court Cr.Misc. No.20400 of 2015 (2) dt.04-06-2015
3 / 3
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.
(Samarendra Pratap Singh, J)
B.Roy/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner accused under sections 409 and 420 of the Indian Penal Code arising from a mill ownership dispute with the State Food Corporation.
1 provisions across 1 enactments
Prakash Kumar Keshri @ Prakash Kumar Keshari
The State of Bihar
Samarendra Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
