Binay Sarawgi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7933 of 2019 Arising Out of PS. Case No.-140 Year-2017 Thana- SAHARSA District- Saharsa ======================================================

1. Binay Sarawgi Son of Late Hanuman Sarwgi Resident of Gandhi Chowk, Upper Bazar, Ranchi, P.S. Kotwali, District- Ranchi (Jharkhand).

2. Rajiv Baxi @ Rajiv Ranjan Bakshi son of Late Binod Kumar Baxi Resident of Gandhi Chowk, Upper Bazar, Ranchi, P.S. Kotwali, District- Ranchi (Jharkhand).

... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Mistry For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-02-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Saharsa Sadar P.S. Case No. 140 of 2017 for the offence under Sections 406 and 420/34 of the Indian Penal Code. Allegedly, the informant was appointed as a Consignee Super Agent by the petitioners' firm in connection with business of food products. It is alleged that the said Jharkhand based Swastik Food Products Limited received money from the complainant and refused to allow them to work as Consignee Super Agent. They are not returning the money, which the Company is said to have received.

It is evident from the complaint petition that the dispute between the parties is of civil nature.

Patna High Court Cr.Misc. No.7933 of 2019(2) dt.11-02-2019 2/2 Considering the above, this application is allowed. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Saharsa in Saharsa Sadar P.S. Case No. 140 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T