Anil Kumar Jain v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37028 of 2018 Arising Out of PS.Case No. -2189 Year- 2008 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Anil Kumar Jain aged about 68 Years S/o Late Beni Madhav Prasad Jain, At Swarajpuri Road, P.S.- Kotwali, District- Gaya, Bihar and presently residing at Rai Hari Prasad Compound , Chowk Gaya, P.S.- Lotwali, Gaya, District- Gaya, Bihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. M/s Field Marshal Agencies, 2nd Floor, Abhishek Plaza, Exhibition Road, Patna through its Accountant: Ravish Chandra Mishra Holding power of attorney of the firm P.S.- Gandhi Maidan, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Ravish For the Opposite Party/s : Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in a case instituted for the offences under Sections 420 and 406 of the Indian Penal Code.

As per complaint petition allegation has been made that petitioner is the distributor of M/s. Field Marshal Diesel Engines/pump-set/gen-sets etc. The complainant and petitioner are in business term and certain amount has not been paid by the petitioner to the complainant.

Learned counsel for the petitioner submits that the agency

Patna High Court Cr.Misc. No.37028 of 2018 (2) dt.03-07-2018 2 /2 is not in the name of the petitioner, whereas his brother is in proprietorship inasmuch as it is dispute of accountancy as has been claimed by the complainant that a sum Rs. 37,090/-is still outstanding dues against the petitioner.

Looking to the facts and circumstances of the case, in the event of arrest or surrender within four weeks from today, let petitioner, namely, Anil Kumar Jain, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna in connection with complaint case No.2189-C of 2008 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Shivaji Pandey, J) Vinay/- U T