The High Court ordered the release of the petitioner on bail in a certificate case involving alleged defalcation of rice, subject to furnishing a bond and depositting 20% of the amount within 10 months.
Petitioner released on bail bond of Rs. 10,000 with two sureties of like amount, subject to depositing 20% of the amount within 10 months.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46518 of 2015
Arising Out of PS.Case No. -37 Year- 2015 Thana -GWALPARA District- MADHEPURA ====================================================== 1. Niraj Kumar Singh son of Birendra Narayan Singh Proprietor of Rahul Rice Udyog, resident of village Bara, Police Station Gwalpara, District Madhepura. .... .... Petitioner/s Versus 1. The State of Bihar. 2. The Bihar State Food & Civil Supplies Corporation through its Managing Director, Patna. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. T.P.Mandal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER
2 05-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
Petitioner happens to be rice miller and it is alleged that he defalcated rice worth Rs. 2,25,98,918/- for which, a certificate case has already been initiated. Moreover, the petitioner disputes the above-said amount and submits that he has already deposited Rs. 7,00,000/- and has also given bank guarantee of Rs. 10,000,00/-
It is further submitted that petitioner is ready to deposit 20% of the amount, subject to deduction of amount already deposited and the amount given as bank guarantee. It is also pointed out by him that one co-accused, Krishna Kumar
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Singh has already been granted privilege of bail by a coordinate bench of this court.
Considering the above-said submission as well as facts and circumstances of the case, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Gwalpara P.S. Case No. 37 of 2015 to the satisfaction of J.M.-Ist Class, Udakishunganj, Madhepura subject to condition that the petitioner shall deposit 20% of the amount in the manner as stated above, within 10 months from his release.
(Hemant Kumar Srivastava, J)
A.K.V./U T
1 issue framed by the court
Whether to grant bail to the petitioner in a certificate case for alleged misappropriation of rice.
Niraj Kumar Singh
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
