Patna High CourtCR. MISC./5176/2018bail granted

Nagendra Sao v. State Of Bihar And ANR

2018-01-31Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5176 of 2018 Arising Out of PS.Case No. -183 Year- 2016 Thana -KONCH District- GAYA ====================================================== Nagendra Sao, Son of Sri Yugal Kishore Sao, Resident of VillageAhiyapur, Police Station- Konch, District- Gaya. .... .... Petitioner

Versus

1. The State of Bihar.

2. Managing Director, Bihar State Food and Civil Supply Corporation Limited, Khadya Bhawan, Daroga Rai Path, Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhu Narayan Sharma, Adv. For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 120(B)/ 188/ 406/ 409/ 420/ 467/468 of the Indian Penal Code.

The petitioner is a rice miller.

Allegation of due of Rs. 91,20,007.35/-and odd is due there against the petitioner.

Submission of the learned counsel for the petitioner is that the property of Rs.1,60,00,000/- is already mortgaged as per the agreement between the parties and the dues amount can be recovered through appropriate proceeding.

Patna High Court Cr.Misc. No.5176 of 2018 (2) dt.31-01-2018 Considering the aforesaid facts as well as the fact that the dishonest intention of the petitioner at the inception of entering into an agreement is not apparent. Hence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Konch Police Station Case No.183 of 2016, G.R.No.6788 of 2016, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T