Bikash Kumar Sahoo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27218 of 2024 Arising Out of PS. Case No.-9285 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Bikash Kumar Sahoo Son of Krishna Sahoo Director of M/S. N.R.K.L. Service India Pvt. Ltd. Quarter No. S3/E2-31 Iind Floor Gopabandhu Nagar Kalinga Bihar Raurkela Sundargarh (Odisha), Presently residing at Mohalla - Market Basti Section 21, P.S. - Chhend, District - Raurkela (Odisha) ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
M/s Radiant Enterprises a Partnership Firm Having its H/o. at Abhay Enclave Nawab Bagh Colony, Police Line Road Tilka Manjhi, P.S. - Tilkamanjhi, District - Bhagalpur Branch Office at C/o Ashok Aggarwal, Vidhayak Colony, Kautilya Nagar, P.S. - Hawai Adda, B.M.P. 10 District Patna through its partner Gautam Kumar aged about 42 years Son of Late Abhay Kumar Yadav ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeshkumar Singh For the State :
Mr. Rajendra Nath Jha For the Complainant :
Mr. Santosh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code.
3. As per the prosecution case, the complainant has transferred Rs.55,57,000/- in the bank account of companies though R.T.G.S., namely, M/S Titan Glow India Pvt. Ltd. and M/S N.R.K.L Services India Pvt. Ltd. which is run by the
Patna High Court CR. MISC. No.27218 of 2024(3) dt.21-06-2024 2/3 petitioner and other co-accused persons for supplying of electronics and electrical goods in connection with business transactions specific for distributorship. Further, the accused persons has failed to send the electronic goods of Rs.18,01,207/- to the complainant as well as they had also denied to sell the electronics goods of Rs.16,59,806/- which was laying in the godown more over the accused persons block the Rs.34,60,000/- of the complainant in business transactions fraudulently and violated the terms and conditions of the distribution agreement.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that it is business dispute between the parties which is of civil nature. Similarly situated co-accused has been granted anticipatory bail by this Court vide order dated 18.04.2024 passed in Cr. Misc. No. 1164 of 2024. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State as well as learned counsel for the complainant opposed the prayer for anticipatory bail and submitted that after receiving the money the petitioner has not sent any material to the complainant.
Patna High Court CR. MISC. No.27218 of 2024(3) dt.21-06-2024 3/3
6. Having regard to the facts and circumstances of the case and the fact that it is civil/money dispute between the parties, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Complainant Case No.9285(C) of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) anand/- U T