Sheolal Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28665 of 2019 Arising Out of PS. Case No.-2008 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SHEOLAL PASWAN Son of Late Mannu Paswan Resident of VillageBathuaha Satghara, P.S.- Babubarhi, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Rajesh Kumar S/o Gungeshwar Prasad R/o Shiva Hardware Sadar Bazaar, P.S.- Phulwari Sharif, District- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Malay Kumar Choudhary For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2019 This application, for grant of anticipatory bail, arises out of Complaint Case No. 2008/2018, disclosing offences under Sections 506 and 379 of the Indian Penal Code. Allegation as per complaint petition is that the complainant is the Director of Shiva Hardware Agency, which is a construction company and engaged in construction of Government offices building and petitioner happens to be the supplier of labourer and other articles and he gave Rs. 28 lacs to accused persons for supply of labour and other materials but they only supply the labourers and not supply the other materials and not constructed the building.

Submission of learned counsel for the petitioner is

Patna High Court CR. MISC. No.28665 of 2019(3) dt.16-07-2019 2/2 that as a matter of fact Rs. Fifteen Lakhs is due with the complainant, for which, the petitioner has sent legal notice also but the same has not been paid and only to avoid payment of Rs. Fifteen Lakhs, this false case has been lodged by the complainant. It has further been submitted that there is dispute between the parties with regard to accounting, for which, other remedies are also available to the complainant. Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Patna, in connection with Complaint Case No. 2008/2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sunilkumar/- U T