Single judge passed an oral order granting provisional anticipatory bail to a rice miller accused of cheating and criminal breach of trust, allowing release on bond with undertakings contingent on future deposit and supply proceedings.
Provisional anticipatory bail for seven months granted subject to bond, undertakings, and future deposit of dues.
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.25598 of 2015
Arising Out of PS.Case No. -34 Year- 2015 Thana -DHANSOI District- BUXAR ====================================================== 1. Vijay Prasad Son of Sitaram Sah R/o - village + P.O. + P.S. Dhansoi, District - Buxar, Bihar , Proprietor M/s Ravi Enterprises, Dhansoi , Buxar. .... .... Petitioner/s Versus 1. State of Bihar & Anr 2. Sri Udai Pratap Singh , S/o - Late Haribansh Singh R/o- Lakhanpur, P.S.- Punpun , District- Patna. The District Manager, SFC, Buxar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudha Chandra For the Opposite Party/s : Mr. Shailendra Kumar No.2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
The prosecution case is that State Food Corporation supplied 6000 quintals of paddy for supply of 4020 quintals of processed rice but the petitioner supplied only 539.92 quintals of processed rice and failed to supply 3480 quintals of processed rice worth Rs.66,23,048/-.
It is submitted by the learned counsel for the petitioner that the rice was not lifted due to the laches on the part of the Bihar State Food and Civil Supplies Corporation. Though the
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certificate proceeding was initiated but it was subsequently dismissed.
It is submitted by the learned counsel for BSFC that the rice was not supplied within the stipulated time and the appeal has been filed against the dismissal of certificate case.
The petitioner undertakes to deposit 20% of the due amount within a period of six months.
Considering the present stand of the petitioner, let the above named petitioner be released on provisional anticipatory bail for seven months in the event of arrest or surrender before the learned Court below within a period of six weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Buxar in connection with Dhansoi P.S. Case No.34 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
The aforesaid deposit will be subject to the certificate proceeding or any legal proceeding for recovery and settlement.
The provisional bail of the petitioner will be confirmed by the learned court below on submission of 20% of the due amount through bank draft within six months before the Bihar State Food
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Corporation.
Anil/-
U T
(Dinesh Kumar Singh, J)
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in the offence of cheating and criminal breach of trust.
Whether the undertaking to deposit 20% of the dues satisfies the conditions for provisional anticipatory bail.
1 provisions across 1 enactments
Vijay Prasad
State of Bihar
Udai Pratap Singh
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
