Kameshwar Prasad Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.17366 of 2015 (3) dt.03-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17366 of 2015 Arising Out of PS.Case No. -264 Year- 2013 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Kameshwar Prasad Rai Son of Late Prikshan Rai Resident of VillageSahdullahpur, Bhergarha, P.s Sakra, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anirudh Kumar Sinha For the Opposite Party/s Mr. U.L.Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 03.09.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 16.2.2015 but even if the prosecution story assumed to be true, then also, case appears to be breach of agreement because according to the prosecution case itself, both parties agreed to run brick kiln and shared the profit of the aforesaid brick kiln but subsequently, petitioner and his another partner sold brick kiln to other person.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in Sakra P.S. Case no. 264/2013.

shahid (Hemant Kumar Srivastava,J) U T