Raj Kumar Singh @ Raj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51597 of 2014 Arising Out of PS.Case No. -406 Year- 2010 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Raj Kumar Singh @ Raj Kumar S/O Premdhani Singh @ Prem Singh R/O Mohalla- Ram Nagri More Ashiyana Nagar, P.S.- Shastri Nagar, DistrictPatna .... .... Petitioner

Versus

1. The State of Bihar

2. Arvind Kumar Singh S/O Janeshwar Singh, R/O East Ghandhi Maidan, P.S. + District- Jehanabad .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Shiva Shankar Sharma, Advocate.

For the Opposite Party : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-05-2015 Heard both sides.

The petitioner apprehends his arrest in Complaint Case No. 406 of 2010, registered for the offences punishable under Sections 406, 420 and other Sections of the Indian Penal Code. The complainant alleged that he supplied bolders and chips worth Rs. 75 lakhs to the petitioner for construction of National Highway 98, but payment of only Rs. 40 lakhs was made.

Learned counsel for the petitioner submits that it is a matter of rendition of account. The petitioner has paid money to the complainant and the amount of supply is disputed. On the other hand learned counsel for the complainant

Patna High Court Cr.Misc. No.51597 of 2014 (4) dt.11-05-2015 2/2 submits that the amount of supply is not disputed. The petitioner has admitted to have received the supply of chips of worth Rs. 75, 49,658/- but payment of only Rs. 40 lakhs was made. The dispute relates with the supply and payment during the course of construction of the road. If there is any amount lying the complainant may take recourse to suit.

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 learned Chief Judicial Magistrate, Jehanabad in connection with Complaint Case No. 406 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T