Gunjan Kumar @ Gunjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37759 of 2018 Arising Out of PS.Case No. -34 Year- 2018 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Gunjan Kumar @ Gunjan Singh son of Ajit Kumar Singh resident of village- Gandhara, P.O. Kona, P.S.- Rafiganj, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Bhushan Prasad, Advocate For the Opposite Party/s : Mr. Ajeet Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2018 Heard learned counsel for the petitioner and learned A.P.P.

The petitioner seeks anticipatory bail in connection with Rafiganj P.S.Case No. 34 of 2018, registered for offences punishable under Sections 406 and 420/34 of the Indian Penal Code.

Allegation against the petitioner is that in terms of the agreement, 67% rice of the supplied paddy was to be returned to the PACS but neither Rice was supplied nor value of the said rice was given to the informant, president of the PACS. It is further alleged that the father of the petitioner issued a cheque of Rs.90, 00000 but it was dishonored due to insufficient fund. Submission of the learned counsel for the petitioner

Patna High Court Cr.Misc. No.37759 of 2018 (3) dt.23-07-2018 2/2 is that the petitioner has been falsely implicated in this case and the petitioner has not concerned with the alleged transaction of the paddy by the informant and the present dispute is of the nature of civil dispute.

Learned A.P.P. who opposes the prayer for bail. Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- ( Twenty five thousand) with two sureties of the like amount each in connection with Rafiganj P.S.Case No. 34 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, subject to the conditions laid down under Section 438 ( 2) Cr.P.C. with other that bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned (Vinod Kumar Sinha, J) Sudha/- U T