Mohd. Sharif v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12755 of 2017 Arising Out of PS.Case No. -3194 Year- 2007 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Mohd. Sharif, Prop Sharif Brothers, son of Late Noor Mohamad, resident of Mohalla- Batagung Digha, P.S.- Digha, Dist- Patna. .... .... Petitioner
Versus
1. The State of Bihar.
2. Ramjee Gupta, son of Late Saryu Prasad Gupta, resident of 5 Gorapado, Sarkarlane, P.S.- Ultadanga, Dist- Kolkata- 67. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Bindeshwar Prasad Singh, Advocate.
For the Opposite Parties : Mr. Ram Anurag Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-04-2017 Heard both sides.
The petitioner apprehends his arrest in Complaint Case No. 3194C of 2007 registered for the offences punishable under Sections 406, 420 and 120B of the Indian Penal Code. The complainant filed complaint case alleging therein that he was the higher bidder and deposited Rs. 4,25,000/- but since the bank was closed, therefore, he could not deposit the requisite amount in time and the tender was accepted in favour of second highest bidder.
Learned counsel for the petitioner submits that no offence under Sections 406, 420 and 120B of the Indian Penal Code is made out. The order finding prima facie case against
Patna High Court Cr.Misc. No.12755 of 2017 (2) dt.13-04-2017 2/2 accused no. 1 to 5 has already been quashed vide order passed in Cr. Misc. No.32719 of 2009 along with analogous cases, but the petitioner had no knowledge and the court below issued nonbailable warrant of arrest against the petitioner. Considering the facts aforesaid, the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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 Sub- Judge VII-cum-Additional Chief Judicial Magistrate, Patna in Complaint Case No. 3194C of 2007, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J.) KKSINHA/- U T