Bijendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4241 of 2017 Arising Out of PS.Case No. -576 Year- 2016 Thana -MADHEPURA District- MADHEPURA ====================================================== Bijendra Kumar Son of Chandeshwari yadav@ Chandra Deo Prasad@ Chana Yadav Resident of Village- Piparpatta, Police Station- Madhepura (Bharrahi O.P.), District- Madhepura.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vikram Deo Singh For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor.

The petitioner prays for anticipatory bail in connection Madhepura PS case no. 576 of 2016 registered for the offences punishable under Sections 406 and 420 of Indian Penal Code.

It is submitted on behalf of petitioner that the allegation against the petitioner is that he used to provide fuel on credit and after sometime, the credit goes to the tune of Rs. 3 lacs and odds. Thereafter, when the matter was enquired by the owner of the petrol pump, it is found that the said money was defalcated by the petitioner himself and petitioner has accepted his guilt also. It is further submitted that petitioner is falsely been implicated in this case. It is further submitted that at best, it is a money dispute

Patna High Court Cr.Misc. No.4241 of 2017 (2) dt.10-02-2017 2/2 and the case will continue against the petitioner. Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail.

Having heard both sides. In view of the fact that matter relates to the dispute with regard to payment of dues of the petrol pump, the bail application of petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bond of Rs. 15,000/-(Rs. Fifteen thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Madhepura PS case no. 576 of 2016 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure with further condition that one of the bailor should be the Government servant and another should be the local one having property within the jurisdiction of the Court below and with further condition that petitioner will cooperate in the trial and disposal of the case and make himself available on each and every date and his failure to attend the court on two consecutive dates will liable for cancellation of his bail bonds.

(Vinod Kumar Sinha, J.) rinkee/- U T