Narendra Kumar @ Gabbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13072 of 2024 Arising Out of PS. Case No.-5038 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== NARENDRA KUMAR @ GABBAR S/O MUNNA RAY @ SUSHIL RAY PROPRIETOR M/S SWEETY FOOTWEAR AND HARDWARE RESIDENT OF VILLAGE- NAYA TOLA, SAGUNA NADI PAR, P.SDANAPUR, DISTT.- PATNA. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

SHAILESH KUMAR SALES EXECUTIVE, JOHNSON PAINTS CO. THROUGH SON OF BRAHMANAND SINGH OFFICE SITUATED AT 11-A, ASHOKA PLACE, EXHIBITION ROAD, P.S- GANDHI MAIDAN, DISTT AND TOWN- PATNA, PIN- 800001.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sanjeev Nirala, Advocate For the State :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-03-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a complaint case in which cognizance has been taken under Section 406 of the Indian Penal Code.

3. As per prosecution case, complainant is Sales Executive of Johnson Paints. It is alleged that this petitioner placed orders of goods from the complainant and accordingly he supplied the same but dues amounting to Rs. 12,59,004/- is to be paid by the petitioner.

Patna High Court CR. MISC. No.13072 of 2024(2) dt.12-03-2024 2/3

4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner is a small shopkeeper and deals in footwear and hardware and has paid the entire amount to the bank account of the complainant and some by cash, which were not deposited in the Johnson Paints Office. It is next submitted that the complaint itself depicts commercial transactions between the parties, for which the complainant has got alternative remedies and for which no criminal liability can be fastened upon this petitioner. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.

6. Considering the aforesaid facts and circumstances, nature of dispute and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. First Class, Patna, in connection with Complaint Case No.5038 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal

Patna High Court CR. MISC. No.13072 of 2024(2) dt.12-03-2024 3/3 Procedure.

(Prabhat Kumar Singh, J) shashank/- U T