Patna High CourtCR. MISC./45307/2019bail granted

Sunil Kumar Nirala v. The State Of Bihar

2019-07-23Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45307 of 2019 Arising Out of PS. Case No.-56 Year-2019 Thana- PATORI District- Samastipur ====================================================== SUNIL KUMAR NIRALA Son of Late Ram Kumar Singh Resident of Village- Maner, P.S.- Maner, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Neerad Parashar For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Paroti P.S. Case No. 56 of 2019, disclosing offences under Sections 341, 406, 420 and 506 of the Indian Penal Code. It transpires from the FIR that the informant and the petitioner had established a partnership firm. The informant, it is alleged, had invested certain amount for carrying out business. The partnership subsequently got dissolved. It is alleged that the FIR named accused persons did not give the informant his share in the partnership firm after dissolution thereof. Learned counsel, appearing on behalf of the petitioner, has submitted that the dispute, in course of business, has been given a cloak of a criminal case.

Patna High Court CR. MISC. No.45307 of 2019(2) dt.23-07-2019 2/2 I find substance in the submission made on behalf of the petitioner.

This application is accordingly allowed. Let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of Sri Santosh Kumar, ACJM-IV, Samastipur in connection with Patori P.S. Case No. 56 of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

22093(Chakradhari Sharan Singh, J) HR/- U T