Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40619 of 2020 Arising Out of PS. Case No.-309 Year-2012 Thana- SIWAN CITY District- Siwan ====================================================== Saroj Kumar, son of Bashishta Narayan Singh @ Vashishtha Singh, resident of Village- English Ward No. 5 north of block office, P.S.- Lakhisarai, District- Lakhisarai and he is Proprietor of S.V. Traders, at - Purani Bazar, P.S.- Lakhisarai, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406, 420, 467, 471, 472, 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.40619 of 2020(4) dt.01-12-2021 2/3 It is alleged that the informant contacted with the accused persons including the petitioner for purchase of 15 KV generator and given Rs. 1,80,000/- through demand draft and Rs. 50,000/- to the staff of the petitioner but instead of 15 KV generator, 12 KV generator was delivered. It is further submitted that in spite of several requests, neither generator is exchanged nor money has been returned.

It is submitted by learned counsel for the petitioner that petitioner is proprietor of S.V. Traders and as per contract, he supplied the generator to the informant. Moreover, for a civil nature of dispute, the petitioner cannot be prosecuted in a criminal proceeding. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on

Patna High Court CR. MISC. No.40619 of 2020(4) dt.01-12-2021 3/3 furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siwan Town P.S. Case No. 309 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T