Sanjay Goenka @ Sanjay Kumar Goenka v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.9951 of 2015 (2) dt.13-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9951 of 2015 Arising Out of PS.Case No. -617 Year- 2010 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ====================================================== Sanjay Goenka @ Sanjay Kumar Goenka, son of Sri Shankar Prasad Goenka .... .... Petitioner/s

Versus

1. The State of Bihar

2. Awadhesh Kumar, son of late Krishna Singh .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : M/s. Seema Singh For the Opposite Party/s : Mr. S. Eheteshmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-03-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case No. 617 of 2010 in which cognizance has been taken for the offences punishable under Sections 406, 420, 120 B of the Indian Penal Code.

Petitioner happens to be proprietor of Farm Machinery Centre from where the complainant purchased tractor. The accusation against the petitioner is that his farm assured the complainant to provide the facilities of bank loan but subsequently, farm of the petitioner did nothing causing huge loss to the complainant.

Learned counsel for the petitioner submits that as a

Patna High Court Cr.Misc. No.9951 of 2015 (2) dt.13-03-2015 matter of fact, the complainant purchased the tractor from the farm of the petitioner and with an intent to avoid full payment, the complainant lodged this false case and moreover, the General Manager of farm of the petitioner has also filed complaint case against the complainant of the present case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 Judicial Magistrate 1st Class, Muzaffarpur in Complaint Case No. 617 of 2010 subject to condition as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) SHAHZAD/- U T