Bikash Bhagat @ Bikash Kumar Bhagat v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2469 of 2019 Arising Out of PS. Case No.-193 Year-2015 Thana- MOHANIYA District- Bhabhua (Kaimur) ====================================================== Bikash Bhagat @ Bikash Kumar Bhagat Bimal Kumar Bhagat MohallaPannagarh Bazar, near Gurudwara,Pannagarh PS-Kanksa,Dist.-Paschim Bardhman,Pin code-713148(W.B).

... ... Petitioner/s

Versus

1. State Of Bihar and Anr Bihar

2. Sohan Prasad Bihari Sah Vill-Darwa,PS-Mohania, Dist.-Kaimur(Bhabhua) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-01-2019 This application, for grant of anticipatory bail, arises out of Mohania P.S. Case No. 193 of 2015, disclosing offences under Sections 420, 406 of the Indian Penal Code. Petitioner happens to be the rice miller owner and allegation against him is that the informant has supplied paddy to him worth Rs. 22,54,810/-, out of which, petitioner paid Rs. 10,00,000/- to the informant and remaining amount i.e. Rs. 12,54,810/- of the informant is due with the petitioner, which he is not willing to pay.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and the amount has already been given to the petitioner and the paddy has been supplied by the informant through transport and the petitioner

Patna High Court Cr.Misc. No.2469 of 2019(2) dt.18-01-2019 2/2 has also paid the transportation fair and now no money of the informant is due with the petitioner. Moreover, the case is civil in nature and for that the informant may move before the appropriate forum.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabhua, in connection with Mohania P.S. Case No. 193 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T