Allowed

Nagendra Singh v. State Of Bihar and Anr.

Patna HC30 Jul 2015CR. MISC./30973/2015

Case brief

AI extract

What is this about?

The Patna High Court granted an order of provisional anticipatory bail to the petitioner, a rice miller, apprehending arrest in a case involving non-supply of paddy. The bail is subject to the petitioner depositing 20% of the alleged dues within one year.

What did the court decide?

Release on provisional anticipatory bail for 13 months subject to depositing 20% of alleged dues within one year.

Nagendra Singh Vs State Of Bihar and Anr. — Cheating and Forgery | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30973 of 2015

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Arising Out of PS.Case No. -33 Year- 2015 Thana -AGIAUN BAZAR District- BHOJPUR ====================================================== Nagendra Singh Son of Sher Bahadur Singh Resident of village - Kothuan, Police Station - Agiaon Bazar, District - Bhojpur, Proprietor of Maa Baishnavi Rice Mill, Kothuan .... .... Petitioner/s Versus 1. The State of Bihar 2. The District Manager, Bihar State Food & Civil Supplies Corporation Ltd. Bhojpur at Ara .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rahul Nath For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 30-07-2015 Heard learned counsels for the petitioner and the State. The petitioner being a rice miller is apprehending his arrest in a case registered for the offences punishable under Sections 406, 409, 420 of the Indian Penal Code and 7 of the Essential Commodities Act. The prosecution case is that Bhojpur unit of Bihar State Food and Civil Supplies Corporation supplied 11992.00 quintals of paddy to the firm of the petitioner, who is the proprietor under agreement, being rice miller under an agreement during the agricultural year 2012-13 and the petitioner

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Patna High Court Cr.Misc. No.30973 of 2015 (2) dt.30-07-2015

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was supposed to supply 8034.64 quintals of custom milled rice. The petitioner supplied only 2700.00 quintals of custom milled rice and failed to supply 2872.15334.646 quintals of custom milled rice worth Rs.1,15,52,483/-.

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It is submitted by learned counsel for the petitioner that the rice could not be supplied due to the death of the partner of the firm and the apathetic attitude of the officials of The Bihar State Food and Civil Supplies Corporation. Under agreement the due amount was supposed to be realized by initiating certificate proceeding under the provision of Bihar and Orissa Public Demands Recovery Act, 1914 or through arbitration and the certificate proceeding i.e. Certificate Case No. 27/14-15 has already been initiated.

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It is submitted by learned counsel for the BSFC that the petitioner failed to make supply within time frame i.e. 31.12.2013 and the BSFC has already initiated legal proceeding for recovery of the alleged due amount. However, it is submitted by learned counsel for the petitioner that the petitioner will deposit 20% of the alleged due amount through bank draft in favour of The State Food and Civil Supplies Corporation within a period of one year.

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Considering the present stand of the

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Patna High Court Cr.Misc. No.30973 of 2015 (2) dt.30-07-2015

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petitioner, let the above named petitioner be released on provisional anticipatory bail for thirteen months in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Agiaon Bazar P.S. Case No. 33 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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The aforesaid deposit will not be treated to be an admission of the petitioner with regard to the claim of the informant but the same will be subject to the certificate proceeding or any legal proceeding.

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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 one year in favour of The Bihar State Food and Civil Supplies Corporation, Patna.

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(Dinesh Kumar Singh, J)

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DKS/-

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U T

Nagendra Singh v. State Of Bihar and Anr.

Case brief

What is this about?

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Nagendra Singh v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

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