Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9966 of 2016 Arising Out of PS.Case No. -71 Year- 2015 Thana -ASHTHWAN District- NALANDA (BIHARSHARIFF) ======================================================

1. Sanjay Kumar Son of Brahamdeo Ram resident of village - Rami Bigha, P.S. Asthawan, District - Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. M.K. Khare (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The accusation against the petitioner is that he entered into an agreement with informant and as per the aforesaid agreement, he took rupees thirteen lacs from the informant but did not part the profit of the brick-kiln.

Learned counsel for the petitioner submits that there was not a single chit of paper to prove the aforesaid transaction and as a matter of fact, an agreement was prepared but when informant failed to perform the terms and conditions of the aforesaid agreement, the matter was ended. Moreover, even if the prosecution story assumed to be true, then also, it is a case of civil

Patna High Court Cr.Misc. No.9966 of 2016 (2) dt.02-03-2016 2/2 dispute.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Additional Chief Judicial Magistrate-V, Nalanda at Biharsharif in connection with Asthawan P.S. Case No. 71 of 2015. (Hemant Kumar Srivastava, J) SHAHZAD/- U T