Patna High CourtCR. MISC./52540/2016bail granted

Banarasi Sah v. State Of Bihar And ANR

2017-05-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52540 of 2016 Arising Out of PS.Case No. -102 Year- 2016 Thana -CHAND District- BHABHUA (KAIMUR) ======================================================

1. Banarasi Sah, Son of Late Raj Nath Shah, Resident of village - Chand, P.S. Chand, District - Kaimur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Rajendra Prasad, Son of Late Vishwnath Prasad, Resident of village - Chand, P.S. Chand, District - Kaimur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arabind Nath Pandey For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-05-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

There is dispute of partnership between the parties and allegation is of misappropriation of partnership fund by the petitioner.

The matter was sent for mediation but the mediation has failed because the petitioner did not appear thereat. Apparently, the matter is of civil dispute, hence, the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date

Patna High Court Cr.Misc. No.52540 of 2016 (4) dt.10-05-2017 2/2 of receipt of the order, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Kaimur at Bhabhua/successor Court in connection with Chand Police Station Case No. 102 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T