Mihir Samanto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44515 of 2017 Arising Out of PS.Case No. -483 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Mihir Samanto son of Sri Nimay Samanto Partner of Rising Industries Pvt. Ltd. having its registered office at Teghoria, Loknath Mandir, Ghosh Dutta, Para, P.S. - New Town, Kolkata - 700157.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Nitin Mukesh son of Lal Babu Prasad resident of Mohalla - Purvi Nand Gola, P.S. - Malsalami, Patna City, District - Patna - 8000009, Proprietor Firm Nandi Griha Udyog, Marufganj, Patna City. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Abdul Wadood, Adv. For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as opposite party No.2.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 420 of the Indian Penal Code.

The allegation is that the complainant had purchased machines from the petitioner and the petitioner had assured for ensuring proper functioning of the machine after installation. The petitioner did not show the proper functioning of the machine, as such the complainant found himself cheated.

Patna High Court Cr.Misc. No.44515 of 2017 (2) dt.19-09-2017 Considering the nature of the case and I am of the view, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City /successor Court in connection with Complaint Case No.483(C) of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T