Patna High CourtCR. MISC./1399/2016bail granted

Md. Shakil And ANR v. The State Of Bihar

2016-01-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1399 of 2016 Arising Out of PS.Case No. -378 Year- 2014 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Md. Shakil son of Md. Ismail resident of Mohalla - Machhua Toli, Alamganj, Patna City, Police Station - Alamganj, District - Patna.

2. Niraj Kumar son of Gohan Singh resident of Mohalla - Bazar Samiti, near S.B.I. ATM, Police Station - Bahadurpur, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Shamimul Hoda, Adv For the Opposite Party/s : Mr. Awdhesh Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-01-2016 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 406/34 of the Indian Penal Code.

The prosecution case is that the informant along with one Narvy Data Management group got the contract of preparing Adhar Card. The petitioner got the work stopped and then the petitioner was asked to return the kits and he refused to return the kits.

It is submitted by learned counsel for the petitioners that there is no document on record to show that there was any agreement between the parties with regard to supply of

Patna High Court Cr.Misc. No.1399 of 2016 (2) dt.12-01-2016 2/2 generator. Moreover, the informant is defaulter for payment of generator supplied by the petitioner. Hence, the accusation has been made.

Considering the dispute arising out of the contractual relationship, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Vaishali P.S. Case No. 378 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ranjan/- U