Michael Kumar Singh @ Michael Kumar @ Michel v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24611 of 2016 Arising Out of PS.Case No. -54 Year- 2016 Thana -CIVIL LINE District- GAYA ====================================================== Michael Kumar Singh @ Michael Kumar @ Michel, S/o Amod Kumar Singh Resident of Village - Mirganj, P.S. - Wazirganj, Town & DistrictGaya. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Amrendra Kumar, S/o Late Krishna Murari Prasad, Karkhura Bairagi, P.S. - Delha, Gaya .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Dayanand Singh, Advocate. For the Opposite Party/s : Mr. Md. Fahimuddin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-08-2016 Heard both sides.

The petitioner apprehends his arrest in Civil Lines (Gaya) P.S. Case No. 54/2016 registered under Sections 341, 323, 406, 420, 504/34 of the Indian Penal Code.

The informant alleged that the petitioner entered into an agreement with him for preparing Aadhar Cards on condition that on each and every Aadhar Card the informant would get Rs. 17/-. It is further alleged that the informant got two machines for preparing Aadhar Cards for which he deposited security money of Rs. 70,000/- for each machine with the petitioner. It is alleged that after some time Amod Kumar Singh took both the machines on the assurance to return the machines soon but neither the machines were given nor the security deposits were returned to the

Patna High Court Cr.Misc. No.24611 of 2016 (3) dt.10-08-2016 2/2 informant. It is submitted by the learned counsel for the petitioner that no machine was returned to the petitioner or his company. There is an arbitration clause in the agreement executed between the informant and the petitioner. No notice was given to the petitioner. The informant has not brought on record any receipt of returning the machines.

Considering the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to 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 the learned Chief Judicial Magistrate, Gaya in Civil Lines P.S. Case No. 54/2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Dilip/- U T