Patna High CourtCR. MISC./47388/2016bail granted

Mahendra Kumar Yadav v. The State Of Bihar

2016-12-22Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.47388 of 2016 (2) dt.22-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47388 of 2016 Arising Out of PS.Case No. -28 Year- 2016 Thana -SULTANGANJ District- PATNA ======================================================

1. Mahendra Kumar Yadav Son of Late Sita Ram Yadav resident of Mohalla - Sahganj, Nahar Road, Police Station Sultanganj, District - Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 22.12.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 406, 420 and 427/34 of the Indian Penal Code.

Petitioner happens to be maternal nephew of the informant and it is alleged that he took the shop of the informant to run the aforesaid shop but dishonestly sold entire articles of the said shop and also got executed an agreement from the landlord of the shop in his favour.

Submission on behalf of the petitioner is that there is dispute between the parties on the point of running business and, as a matter of fact, when landlord gave the aforesaid shop to the petitioner, informant annoyed of the act of the landlord and he lodged the present case against the petitioner and landlord of the aforesaid shop. It is further submitted that landlord of the aforesaid case has already been

Patna High Court Cr.Misc. No.47388 of 2016 (2) dt.22-12-2016 granted privilege of anticipatory bail by a coordinate bench of this court whereas petitioner is in jail custody since 8.9.2016. 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 Sri A. K. Roy, Judicial Magistrate, Ist Class, Patnacity/ concerned court in Sultanganj P.S. Case no. 28/2016.

shahid (Hemant Kumar Srivastava,J) U T