Manoj Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3628 of 2015 Arising Out of PS.Case No. -1239 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Manoj Kumar Son of Om Prakash, Resident of Mohalla-Chondi, P.O+P.SBarh, Distt.-Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Jageshwar Prasad Gupta Son of Jay Kishun Prasad name of Firm-Deepak Kirana Store, resident of village-Guljarbagh, Patna City, P.S-Alamganj, Distt.-Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Rana Randhir Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 16-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.
In this case, the petitioner is seeking bail in connection with Complaint Case no. 1239 of 2013 registered for offences under sections 420, 406, 509 of the Indian Penal Code and Section 138 of the N.I. Act.
As per the allegation, the complainant and the accused person having business relationship and in course of business, the complainant gave Rs. 3,00,000/- for the supplying of the material which was not supplied as per the allegation. The counsel for the petitioner submits that in fact the
petitioner has received Rs. 1,00,000/- through cheque, with regard to the rest amount material has been supplied. In such view of the matter, the petitioner is agreed to pay Rs. 1,00,000/- through demand draft within two months and the rest amount he will deposit in the Court within four months in one go.
In such view of the matter, the petitioner is directed to pay Rs. 1,00,000 (one lakh) to the complainant through demand draft in one month and deposit the rest amount in the court below within 4 months. On deposit of aforesaid amount, the court below will invest the same in any scheme of Nationlise Bank so that the money would earn maximum interest. The money will be released in favour of either party, subjects to result of the case. In view of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna in connection with Complaint Case no. 1239 of 2013, subject to the condition as laid down under Section 438 (2) Cr. P.C.
If the amount is not paid on the time prescribed, the bail bonds of the petitioner will be deemed to have been cancelled. (Shivaji Pandey, J) Mahesh/- U T