Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36084 of 2020 Arising Out of PS. Case No.-334 Year-2019 Thana- PARSA District- Saran ====================================================== MANOJ KUMAR SON OF JAI RAM CHOUDHARY RESIDENT OF MOHALLA UMESH CINEMA ROAD, HAJIPUR, POLICE STATION - HAJIPUR, DISTRICT - VAISHALI ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Mouar, Adv.

:

Mr.Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mr. Khurshid Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-04-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Parsa P.S. Case No. 334/2019 instituted for the offences under Sections 420, 406 and 504 of the Indian Penal Code.

The accusation in the F.I.R. is that despite the informant having completed the centering work in the construction, he was not paid his dues.

Learned counsel for the petitioner has submitted that pursuant to an agreement between the parties, the petitioner was required to pay an amount of Rs. 4,50,000/-

Patna High Court CR. MISC. No.36084 of 2020(2) dt.06-04-2021 2/3 towards the work done by the informant. That amount has been paid. However while looking at the accounts, the court below did not accept the factum of payment of the balance amount of Rs. 70,000/- because it was not countersigned by the parties.

Learned counsel for the petitioner has submitted that the balance amount of Rs. 70,000/- was paid by Gangotri Enterprises Ltd. which payment has been made on behalf of the petitioner. Apart from this, it has been submitted that if at all there is a dispute between the parties, it is only with respect to accounting and therefore no criminal offence can at all be said to have been made out. Considering the nature of accusation against the petitioner, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -II, Saran at Chapra, in connection

Patna High Court CR. MISC. No.36084 of 2020(2) dt.06-04-2021 3/3 with Parsa P.S. Case No. 334/2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T