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Patna High CourtCR. MISC./50162/2017disposed

Manish Kumar Ranjan v. The State Of Bihar

2017-10-17Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50162 of 2017 Arising Out of PS.Case No. -105 Year- 2017 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Manish Kumar Ranjan S/o Raj Kumar Sah, R/o Station Road, Nokha, near Hanuman Mandir, P.S.-Nokha in the district of Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Navin Sharma For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Nokha P.S. Case no. 105 of 2017 registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code. The petitioner is said to be the Director of Maa Durga Shakti Agro Pvt. Ltd. Nokha and had given a cheque worth Rs. 5 lacs to the informant in lieu of purchasing the paddy from him. But the said cheque was dishonored on account of insufficient fund. The petitioner did not pay the aforesaid amount to the informant despite giving assurance rather misappropriated the same.

It is submitted by the learned counsel for the petitioner that he has not purchased any paddy from the

Patna High Court Cr.Misc. No.50162 of 2017 (2) dt.17-10-2017 2/2 informant. No evidence regarding purchasing of paddy has been filed by the informant. As a matter of fact, he had taken some loan from the informant in the course of business transaction and handed him over a cheque as a security of the said loan and now he has paid the entire loan amount and interest thereon barring Rs. 1,75,000/- and he will pay the same to the informant within four months in two equal installments of two months each. The petitioner has been languishing in custody since 06.08.2017. Considering the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs.

10,000/- with two sureties of the like amount each to the satisfaction of learned Sub-Judge-IV-cumAdditional Chief Judicial Magistrate, Rohtas at Sasaram in connection with Nokha P.S. Case no. 105 of 2017. However, in default of payment of the aforesaid money within stipulated period, the informant may move before the learned lower court for cancellation of his bail bonds.