← Library
Patna High CourtCR. MISC./41969/2021bail granted

Kumar Swapnil Chandra v. The State Of Bihar

2021-12-14Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41969 of 2021 Arising Out of PS. Case No.-301 Year-2020 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== 1.

KUMAR SWAPNIL CHANDRA S/O SHAMBHU PRASAD SINGH R/O VILLAGE AND P.S-KARJA, DISTRICT-MUZAFFARPUR.

2.

SHAMBHU PRASAD SINGH S/O LATE RAM CHANDRA SINGH R/O VILLAGE AND P.S-KARJA, DISTRICT-MUZAFFARPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Prakash Shrarma, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-12-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 406, 420, 120B of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

The entire allegation of misappropriation of sale proceeds was there in pursuance of a business relation between the parties. Petitioners have got no criminal antecedent. Civil remedy for recovery is there.

Hence, let the petitioners, above named, in the event of their arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.41969 of 2021(2) dt.14-12-2021 2/2 within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Kazi Muhammadpur Police Station Case No. 301 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioners.

(b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioners shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T