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Patna High CourtCR. MISC./36963/2016bail granted

Bhola Goswami v. The State Of Bihar

2016-09-01Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36963 of 2016 Arising Out of PS.Case No. -25 Year- 2016 Thana -KHARAGPUR District- MUNGER ======================================================

1. Bhola Goswami Son of Nand Kishore Goswami Chairman PACS Barhona , resident of Village- Barhona P.S. Haveli Kharagpur,District Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 406, 409, 420, 120B/34 of the Indian Penal Code.

The present case has been lodged on the basis of complaint petition in which informant claimed that he gave paddy worth rupees four lacs and odd to the PACS of the petitioner but petitioner got deposited Rs. 67,444/- in the account of the informant.

Submission on behalf of the petitioner is that after institution of the present case, the informant took Rs. 2,75,000/-

Patna High Court Cr.Misc. No.36963 of 2016 (2) dt.01-09-2016 2/2 in lieu of his paddy and executed a deed of acknowledgement which has been annexed as Annexure-3 to the petition and the aforesaid fact has been mentioned by the learned Additional Sessions Judge also in his impugned order but even then he rejected the bail prayer of the petitioner.

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/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Munger in connection with Kharagpur P.S. Case No. 25 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T