Patna High CourtCR. MISC./73358/2018bail granted

Ramesh Kumar v. The State Of Bihar

2018-12-20Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73358 of 2018 Arising Out of PS. Case No.-530 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Ramesh Kumar Son of Kanti Prasad Sah, Resident of Mohalla-Mahaddi Nagar, Mirjanhat, Police Station-Badargajn, District-Bhagalpur Office at Present Super Market Complex Patel Babu Road, Police Station-Tilkamanjhi, District-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Manoj Kumar For the Opposite Party/s :

Mr.Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Kotwali (Tilkamanjhi) P. S. case no. 530/2018 registered under sections 406 and 420 of the IPC.

It is admitted case of the prosecution that the petitioner was given franchise agency for a certain period but he booked goods of customers beyond the period of agreement and allegedly, digested Rs 4 lakh of the informant. Submission on behalf of the petitioner is that even if prosecution story assumed to be true, then also, it is case of breach of agreement and, as a matter of fact, no criminal offence

Patna High Court Cr.Misc. No.73358 of 2018(2) dt.20-12-2018 2/2 is made out.

Considering the aforesaid facts and circumstances as well as submissions of the parties, in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in Kotwali (Tilkamanjhi) P. S. case no. 530/2018 subject to condition as laid down under section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) s.hassan/- U T