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Patna High CourtCR. MISC./34608/2018bail granted

Harendra Kumar @ Harendra Kumar Singh v. The State Of Bihar

2018-06-28Mr. Justice Arun Kumar1 pages

Patna High Court Cr.Misc. No.34608 of 2018 (2) dt.28-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34608 of 2018 Arising Out of PS.Case No. -200 Year- 2017 Thana -GANDHIMAIDAN District- PATNA ======================================================

1. Harendra Kumar @ Harendra Kumar Singh, Son of Basant Yadav, Resident of Village- Babhaniwon, P.S.- Jagdishpur, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 28-06-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody since 18.3.2018, seeks bail in Gandhi Maidan PS Case No. 200 of 2017 registered under Sections 409, 420, 387 and 34 of the IPC.

The allegation in brief is that the informant used to supply poultry feed to the petitioner's shop and it is alleged that twentyseven lakh rupees is due, when the informant asked for the money then he was assaulted, threatening was given and demand of extortion was made.

Learned Counsel for the petitioner submits it is a dispute of business transaction and relates to accounting of money, the allegation of giving threatening and making demand of extortion are superfluous and no injury has been caused to the informant. Whereas learned Counsel appearing on behalf of the informant submits that that the petitioner committed the offence because he did not want to pay back the money. Having considered the nature of offence which predominantly appears civil in nature so the petitioner, namely, Harendra Kumar @ Harendra Kumar Singh is directed to 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 ACJM Patna in connection with Gandhi Maidan PS Case No. 200 of 2017. Snkumar/- (Arun Kumar, J) U T