Sudhir Kumar Jha @ Sudhir Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27321 of 2019 Arising Out of PS. Case No.-471 Year-2018 Thana- TEGHRHA District- Begusarai ====================================================== Sudhir Kumar Jha @ Sudhir Jha S/o Late Balkant Jha, R/o village- Bihat Ward No. 17, P.S.- Barauni, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-04-2019 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned APP. The petitioner apprehends his arrest in Teghra P.S. Case No.471 of 2018 registered under Sections 420, 467, 468 and 471 of the Indian Penal Code.

The informant, in sum and substance, alleged that the petitioner was well acquainted with him from before. The petitioner started working in Binod Cold Storage and persuaded the informant to invest money in purchasing potatoes and keep the same in cold storage. The petitioner is said to have committed breach of trust.

Learned counsel for the petitioner submits that the petitioner and the informant were on business term. They used to keep potatoes in the cold storage and in the peak season they

Patna High Court CR. MISC. No.27321 of 2019(2) dt.26-04-2019 2/3 used to sell the potatoes in the market and distribute the profits equally among themselves. The petitioner has already paid the entire amount to the informant but the informant on the one hand claimed that the petitioner misappropriated his Rs.24 lacs and odd. It is further submitted that the dispute arose out of a business transaction and in a criminal case the dispute cannot be resolved. It requires rendition of account and there is no chit of paper to show that the petitioner ever borrowed any money from the informant for investment in the cold storage. Learned counsel for the informant vehemently opposed the prayer for anticipatory bail of the petitioner and submits that there is a paper showing rendition of account of different transactions and about Rs.

24 lacs is lying due.

Patna High Court CR. MISC. No.27321 of 2019(2) dt.26-04-2019 3/3 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 learned C.J.M., Begusarai in connection with Teghra P.S. Case No.471 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T