Mukesh Kumar v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16017 of 2019 Arising Out of PS. Case No.-95 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== MUKESH KUMAR, aged about 44 years, Male, Son of Vir Bahadur Kumar Resident of Mohalla- Krishna Toli, Road No. 4, P.S.- Brahmpura, District - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manish Kumar Son of Late Binod Kumar Resident of Mohalla- Jhitakiya Ward No.2, P.O.- M.I.T., P.S.- Brahmpura, District - Muzaffarpur, Pin Code - 842003.

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-05-2019 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Complaint Case No. 95 of 2018 registered for the offence punishable under sections 323, 406, 420, 468 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the dispute relates to business transaction, and as such, it is purely civil in nature for which criminal prosecution is not warranted. The present complaint case has been filed after four years of the alleged occurrence. As

Patna High Court CR. MISC. No.16017 of 2019(3) dt.22-05-2019 2/2 a matter of fact, the complainant was working as Manager I the firm run by this petitioner and he was used to be paid money by clients for business purposes which the complainant was required to deposit in the account of the firm.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Muzaffarpur (E) in connection with Complaint Case No. 95 of 2018 subject to the conditions laid down under section 438(2) Cr.P.C. (Arvind Srivastava, J) mcv/- U T