For the first companysignment lot, rice will be delivered by the miller in new SBT gunnies.
Fifty thousand in favour of District Manager, Bihar State Food Civil Supplies Corporation Ltd. Since the rice was to be supplied at the time paddy would be given, unlike previous two illustrations, numberbank guarantee or pledge was companytemplated but deposit in terms of Clause 4 as security was given.
According to the appellant, in companypliance of such order the appellant deposited an amount of Rs.10.42 lakhs vide DD dated 22.01.2016.
Similar orders were passed granting anticipatory bail to number of persons against whom cases were filed by the Corporation.
I am also of the opinion that if the persons are aggrieved by the order of the Supreme Court regarding deposit of bank guarantee, the only companyrse left to them is to approach the Supreme Court and till the time the order of the Supreme Court stands, the petitioners, whether they were party before the Supreme Court or number have to abide by its orders.
On an application moved by the appellant, the High Court of Judicature at Patna vide judgment and order dated 24.07.2015 granted anticipatory bail to the appellant subject to his depositing 20 of the due amount within six weeks.
On an allegation that the appellant was supplied 2306 quintals of paddy for the procurement year 2011 12 and the appellant had number returned 1545.02 quintals of rice amounting to Rs.28.9 lakhs, Kudra P.S. Case No.131 of 2015 was registered on 19.4.2015 for offences under Sections 409 and 420 IPC.
Those orders were questioned by filing special leave petitions by State of Bihar or the Corporation.
These petitions have been preferred by the State of Bihar Bihar State Food Civil Supplies Corporation against orders granting anticipatory bail bail, in companynection with cases, the facts of which are identical.
The miller has already deposited Rs.50,000/ as security money through DD No.710733 dated 11.02.2012 of Rs.
On a written report that though the appellant had lifted entire quantity of paddy by 31.12.2013 he had number delivered any rice in terms of the agreement and that he had misappropriated 2401.48 quintals of rice amounting to Rs.51.99 lakhs, Kudra P.S. Case No.119 of 2015 was registered against the appellant for offences punishable under Sections 409 and 420 of the Indian Penal Code.
These petitions came up before this Court on 28.02.2017 when following order was passed by this Court Heard.
The appellants in all three cases have approached this Court challenging the companyrectness of the view taken by the High Court.
Permission granted.
Criminal Appeal SLP Crl No.9409 of 2017 Under an agreement entered into between the appellant and the Corporation on 11.2.2012 for the procurement season 2011 12, the appellant had undertaken to mill paddy lying at Bhabhua Centre of the Corporation on delivery of rice in terms of the agreement Clauses 2, 3 and 4 of the agreement were as under After delivery of rice to the Corporation proportionate paddy will be issued to the miller by Bihar State Food Civil Supplies Corporation Ltd. Rice will be accepted in the same Gunny bags in which the paddy is delivered by the Corporation.
The procurement season for the aforesaid agreement was 2012 13.
Similar such petitions have also been filed by other persons.
The excess gunny bags will be returned by the miller and if retrained by the Miller of excess gunny bags in which paddy supplier miller will be deducted by the Corporation 60 of net wages price from the bills submitted by the miller.
The appellant was granted anticipatory bail by the High Court of Judicature at Patna on 16.07.2015.
