Brajesh Mandal @ Brajesh Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.65557 of 2018 Arising Out of PS.Case No. -931 Year- 2015 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================
1. BRAJESH MANDAL @ BRAJESH KUMAR, Son of Bineshwari Mandal, Resident of Village- Arya Toal (Sabour), P.S.- Sabour, DistrictBhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Ranjan Kumar, Son of Ram Swarup Ravidas, Resident of VillageNandnama, P.S.- Rangrachowki, District- Lakhisarai, Present resident at Bihar Agriculture Premises, Sabour, P.S.- Sabour, District- Bhagalpur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in Complaint Case No. 931/2015, instituted for the offences under Sections 406 and 323 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that the informant had voluntarily entered into agreement with this petitioner and as per agreement he had made payment of Rs. 3 lacs to the petitioner. Copy of agreement is annexed as Annexure- 3. It is further submitted that business could not flourish and therefore as per agreement the money could not be returned to the informant
Patna High Court Cr.Misc. No.65557 of 2018 (2) dt.02-11-2018 2/2 by this petitioner. It is further submitted that civil remedy is available for same. Petitioner is in custody since 31.07.2018. Considering the aforesaid fact and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released 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 Addl. Chief Judicial Magistrate XIIIth, Bhagalpur in connection with Complaint Case No. 931/2015, subject to the conditions that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J.) Rakhi U T