Sikandar Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18841 of 2018 Arising Out of PS. Case No.-917 Year-2017 Thana- KHAZANIHAT District- Purnia ====================================================== Sikandar Sah Prop. of M/S Sonu General Store S/o Subodh Sah, R/o VillageChoudhary Market Bhatta Bazaar, P.S.- K. Hat (Sahayak), District- Purnea. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Subodh Kumar Mishra, S/o Not Known, R/o Village- Bela Vishwavidalaya, P.S. + District - Darbhanga at present Branch Manager Corporation Bank , Purnea Baranch Purnea.

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with K. Hat (Sahayak) P.S. Case No. 917 of 2017 registered for offences under sections 409, 420, 34 of the Indian Penal Code.

As per allegation made in the First Information Report, the petitioner had taken money amounting Rs. 10 lacs for running his business and the petitioner was paying the same regularly. The case has been lodged that he had taken money for opening the shop but, he has not done the same and an allegation has been made of diversion of fund and, for that, a

Patna High Court Cr.Misc. No.18841 of 2018(2) dt.05-04-2018 2/2 criminal case has been lodged against him.

Learned counsel for the petitioner submits that he is paying the installment regularly and there is no default in payment. His account has never declared N.P.A. and there is also no case under the SARFAESI Act but, even then, the present case has been lodged against him.

As the petitioner has been paying the installment and his account has not been declared N.P.A., let the petitioner, namely, Sikandar Sah, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K. Hat (Sahayak) P.S. Case No. 917 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shivaji Pandey, J) rishi/- U T