Allowed

Jitendra Singh v. State Of Bihar and Anr.

Patna HC13 Jul 2016CR. MISC./27547/2016

Case brief

AI extract

What is this about?

The High Court granted provisional anticipatory bail to the petitioner in a criminal case instituted under Sections 409 and 420 IPC. The petitioner was directed to deposit 20% of the outstanding dues within four months. Provisional bail was subject to the condition that the lower court would confirm it only upon producing a certificate of such deposit.

What did the court decide?

Petitioner released on provisional anticipatory bail subject to depositing 20% of the outstanding dues within four months.

Jitendra Singh Vs State Of Bihar and Anr. — Anticipatory Bail | Patna HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27547 of 2016

¶2

Arising Out of PS.Case No. -142 Year- 2016 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Jitendra Singh son of Ram Keshwar Singh, Resident of village+ P.O. Kudra, Police Station- Kudra, District- Kaimur at Bhabua. .... .... Petitioner/s Versus 1. The State of Bihar 2. The State Food Corporation through its Managing Director, Patna, Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Tiwary, Advocate For the B.S.F.C. : Mr. Harish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 2 13-07-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 409 and 420 of the Indian Penal Code.

¶3

Prosecution case, in brief, is that petitioner being owner of Rice Mill had received 5828 quintals paddy under an agreement to deposit 3904.76 quintals of C.M.R. but he has deposited only 537.94 quintals of C.M.R. and the rest has not been deposited and Rs. 50, 41, 267. 28/- has been embezzled for personal benefit.

¶4

It has been submitted on behalf of the petitioner that as per allegation the outstanding dues against the petitioner is of Rs.50, 41, 267.28/-. Now petitioner is ready to deposit 20% of the said amount within a period of four months.

¶5

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. and there is direct allegation against him.

¶6

Considering the aforesaid facts and circumstances, petitioner is directed to deposit 20% of Rs. 50, 41, 267.28/- before the State Food Corporation within a period of four months through

¶7

Patna High Court Cr.Misc. No.27547 of 2016 (2) dt.13-07-2016

¶8

2/2

¶9

bank draft.

¶10

In the meantime, the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on provisional anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua, in connection with Kudra P.S. Case no. 142 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The provisional anticipatory bail granted to the petitioner shall be confirmed by the court below, if petitioner produces certificate showing that 20% of the outstanding dues has been deposited by him before the State Food Corporation within a period of four months through bank draft.

¶11

(Sudhir Singh, J)

¶12

sudip/-

¶13

U T

Jitendra Singh v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Jitendra Singh v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Md. Shahid Vs The State Of Bihar

Bablu Yadav and Anr. Vs The State Of Bihar

Pitambar Sah and Ors. Vs The State Of Bihar

Md. Jumed Ali @ Md. Jubaid Ali @ Bhola Vs State Of Bihar and Anr.

Kaushal Singh @ Kaushal Kumar Singh Vs The State Of Bihar

Yogesh Kumar @ Yogesh Sharma Vs The State Of Bihar