IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5028 of 2009 1. SHRI CHAND PRASAD son of Late Govind Sao, Managing Director. 2. Haribansh Prasad son of Late Baij Nath Sao, Managing Director 3. Sanjay Kumar son of Late Prabhu Chand, Managing Director 4. Dr. Pradip Kumar son of Late Prabhu Chand, Managing Director 5. Mahesh Prasad son of Ram Swaroop Prasad, Clerk, all resident of Laxmi Cold Storage Pvt. Ltd. Bahurbanna, P.S.- Sahsarai, District- Nalada. 6. Pappu Kumar son of Hari Narayan Prasad, Proprietor M/s Jai Mata Das, Wholesale Dealer of Potatoes,Union of Gulzar Bagh Haat, Station Road, P.S.- Alamganj, District- Patna Versus STATE OF BIHAR ----------- 2 25.03.2009 Heard learned counsel for the petitioners and Mr. R.P.S. Singh, Addl. P.P. appearing for the State. The offence alleged is under section 467 of the Indian Penal Code. Allegation against the petitioners, who are the owner of the cold storage, had kept the potatoes of the complainant and thereafter sold out the same, and as a result of which, the complainant sustained severe loss. It has been submitted on behalf of the petitioners that in the cold storage as per the terms the Potatoes were to be kept only up to the month of October and thereafter the cold storage was to be kept closed. The complainant under the terms was required to receive the Potatoes, however despite notice he did not receive the same and thereafter Potatoes were sold out in the market. It is further submitted that the complainant has initiated proceeding under the Consumer Protection Act and in the said proceeding as directed by the forum the petitioner deposited Rs. 1,50,000/- and presently - 2 - the matter is pending before the Hon’ble Supreme Court. As per the order contained in Annexure-3 to the supplementary affidavit filed today the complainant was permitted to withdraw the amount on furnishing security to the satisfaction of the district forum. Learned counsel for the complainant has appeared by filing Vakalatnama. He opposes the prayer for bail and submits that the petitioner in fact sold away the Potatoes on throw away price. He submits that the printed terms mentioned in the contract can not be given effect to, as a matter of fact, the petitioner ought to have taken the consent of the complainant before selling the same. Learned counsel appearing for the State submits that the matter is pending with regard to the said transaction before the consumer Court. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Nalanda at Biharsharif in connection with Complaint Case No. 160 (C ) of 2005 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)