Om Jaiswal @ Om Prakash Choudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36662 of 2018 Arising Out of PS. Case No.-3086 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Om Jaiswal @ Om Prakash Choudhary S/o Late Jagat Narayan Choudhary, R/o Gandhi Chowk, P.S.- Hajipur, District- Vaishali (At Hajipur). ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Amit Kumar S/o Late Jawahar Lal, Power Attorney Holder of M/s Sajjan Textiles Suraj Bhawan, Back of Old Natraj Hotel, Ashok Raj Path, P.S.- Purbahore, District- Patna.

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

For the Petitioner/s :

Mr. Navesh Nandan For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Complaint Case No. 3086 (C)/2016 in which cognizance has been taken under Sections 406 & 420 of the of the Indian Penal Code.

In the present case, an allegation has been made that there is a business relationship between the petitioner and the Complainant. The Complainant is a whole-seller and the petitioner is a retail seller. The Complainant had supplied clothes worth of Rs. 4,01,599/- to the petitioner and certain amount was paid to him and, thereafter, no payment has been made.

Patna High Court Cr.Misc. No.36662 of 2018(2) dt.29-06-2018 2/2 The plea has been taken by the petitioner that he is neither the owner of the shop nor he has made any transaction with the Complainant-firm, only for the purpose of putting pressure, this case has been lodged against him. This matter relates to commercial dispute and cannot be given a color of criminal case.

Looking to the entire facts and circumstances of the case, let the petitioner, namely, Om Jaiswal @ Om Prakash Choudhary, 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 Sub-Judge IX-cum- A.C.J.M., Patna in connection with Complaint Case No. 3086(C)/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioner for investigation/interrogation, he will remain present and if he would not present himself, the privilege of grant of anticipatory bail shall be deemed to have been canceled. (Shivaji Pandey, J) rishi/- U T