Manoj Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42009 of 2019 Arising Out of PS. Case No.-357 Year-2017 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== MANOJ KUMAR GUPTA Son of Madan Mohan Prasad @ Madan Mohan Gupta Resident of Mohalla- Deep Nagar Chowk, Police Station- Adampur, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 10-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 406 and 420 IPC registered in connection with Kotwali (Adampur) P.S. Case No. 357 of 2017.

3. It is submitted that the petitioner has been falsely implicated and the dispute between the parties is purely of contractual and civil nature. The petitioner is accused in one prior case which is between the concerned parties and also relates to contractual dispute.

4. Be that as it may, 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 furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Bhagalpur, in connection with Kotwali (Adampur) P.S. Case No. 357 of 2017, subject to the conditions as laid down under Section 438

(2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner.

Patna High Court CR. MISC. No.42009 of 2019(2) dt.10-07-2019 2/2 ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T