Syed Mohammad Shadab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22594 of 2019 Arising Out of PS. Case No.-79 Year-2019 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== SYED MOHAMMAD SHADAB, Son of S.M. Taiyab, Resident of Neem Gali Panchayati Akhara, P.S.- Kotwali, District- Gaya, at present residing at N-105A, Lane No.-10, Batla House, Jamia Nagar, New Delhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Nilesh Kumar, Advocate Ms. Babita Kumari, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 09-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Town P.S. Case No.79 of 2019 instituted for the offence under Section(s) 406, 467, 468, 419, 420, 471, 120-B Indian Penal Code.

Counsel for the petitioner submits that it is a matter of business dispute between the parties.

The informant has alleged that he entered into agreement with the petitioner, who was Director of ATA Electrical, which deals in business of manufacturing electric apparatus, for opening franchisee with condition to invest the amount of rupees six lac. On assurance of petitioner, the informant invested the money, but later on petitioner did not send articles. It is further alleged that after request he sent

Patna High Court CR. MISC. No.22594 of 2019(2) dt.09-04-2019 2/2 duplicate article worth rupees fifty thousand. On complain, the petitioner told to dispose off the duplicate articles in market. The informant constructed Show Room and spent rupees three lac. During opening of Show Room, informant complained the petitioner that the articles, which were shown in Delhi, are not there, then the petitioner told that by mistake it has come. The informant learnt that petitioner has committed cheating with other persons also as mentioned in written report. In this manner, from the written report, it appears that dispute is mainly business dispute.

Petitioner is in custody since 12.02.2019.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Town P.S. Case No.79 of 2019, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T