Vinay Shankar Tiwary And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55096 of 2016 Arising Out of PS.Case No. -1008 Year- 2016 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Vinay Shankar Tiwary, aged about 50 years, son of Hari Shankar Tiwary.

2. Anurag Sharma aged about 38 years, Son of O.P Sharma.

3. Ajeet Pandey aged about 42 years, Son of Yashodanand Pandey,

4. Praveen Pandey aged about 28 years, Son of T.N. Pandey.

5. Atul Agarwal aged about 49 years, Son of Sukhvir Singh Agrawal, All office at Gangotri Enterprises Ltd, BO158, Sector-A, P.S. Town, Mahanagar, Lucknow (U.P).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pravin Prasad Son of Sri Hari Mahto, Proprietor J.P. Equipment and services, N.H. 28, Bhagwati Complex, Bibiganj, Bhagwanpur, P.S. Sadar, District- Muzaffarpur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lalan Kumar For the Opposite Party/s : Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-03-2017 Heard learned counsel for the petitioners, learned counsel for the opposite party no. 2 and learned counsel for the State.

Petitioners apprehend arrest in connection with Complaint Case No. 1008 of 2016 corresponding to Trial No. 2025 of 2016 registered under Sections- 323, 406, 467, 468, 120B/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that in fact complainant was duly paid the rent and there are no

Patna High Court Cr.Misc. No.55096 of 2016 (4) dt.06-03-2017 2/2 outstanding dues to be paid by the petitioners. The dispute between the parties is civil in nature. Petitioners have no criminal antecedent.

Learned counsel appearing for the complainant opposes the prayer for bail and submits that payment of rent has not been made by the petitioners.

Considering the facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, are directed to 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 Chief Judicial Magistrate, Muzaffarpur in connection with Complaint Case No. 1008 of 2016 corresponding to Trial No. 2025 of 2016 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Manish/- U T