Brajesh Mandal @ Brajesh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56850 of 2015 Arising Out of PS.Case No. -931 Year- 2015 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ====================================================== Brajesh Mandal @ Brajesh Kumar Son of late Bindeshwari Mandal .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ranjay kumar S/o late Ramswaroop Ravidas .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s : Mr. Ahmad Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-12-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406 and 323 of the Indian Penal Code.

The prosecution case is that the petitioner and other accused persons entered into an agreement to run a tent house business and rupees five lacs were given to the petitioner by the informant. Subsequently, on demand being made for returning of the alleged money, the accused persons abused the informant and gave life threatening.

It is submitted by learned counsel for the petitioner that petitioner is ready to return the amount, which has been transferred in the account of the wife of the petitioner namely

Patna High Court Cr.Misc. No.56850 of 2015 (2) dt.16-12-2015 2/2 Sunaina Devi.

Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for six months, 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 `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Bhagalpur in connection with Complaint Case No.931/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notices to the complainant. On appearance of the complainant, if the issue between the parties gets resolved, on return of the due amount, the provisional bail of the petitioner will be confirmed by the learned court below. Otherwise, the petitioner will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) Ashwini/- U T