Manoj Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3875 of 2019 Arising Out of PS. Case No.-10 Year-2018 Thana- UCHKAGAON District- Gopalganj ====================================================== Manoj Kumar Gupta, son of Late Baleshwar Prasad Gupta @ Baleshwar Sah Resident of village-Amtha Khem P.s Mirganj District-Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Pandey For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-01-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Uchakagaon P.S. Case No. 10 of 2018 dated 14.01.2018 instituted for the offences under Sections 406, 420, 323, 504 and 506 of the Indian Penal Code.

The allegation against the petitioner is that he was given Rs. 2,75,000/- by the complainant/informant for carrying on his business of liquor but on demand, the money was never returned.

Learned counsel for the petitioner has submitted that though the alleged advance has been made to the petitioner between 22.02.2014 to 27.08.2015 but the complaint in that regard was lodged

Patna High Court Cr.Misc. No.3875 of 2019(2) dt.28-01-2019 2/2 on 13.06.2017 and the present FIR has been lodged on 14.06.2018. Learned counsel for the petitioner has further submitted that there is a business relationship between the petitioner and the informant and no document has been, up till now, furnished by the informant before the investigating agency to support the allegation that any money was advanced to the petitioner for business purposes.

Considering the aforestated facts as also taking into account that the petitioner does not have criminal antecedent, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IX, Gopalganj in connection with Uchakagaon P.S. Case No. 10 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T