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Patna High CourtCR. MISC./66829/2018allowed

Sanjay Kumar @ Sanjay Kr. Keshari v. The State Of Bihar

2018-12-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66829 of 2018 Arising Out of PS. Case No.-380 Year-2017 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Sanjay Kumar @ Sanjay Kr. Keshari, Son of Shri Shiv Kumar Prasad Keshari, resident of 3 M.I. Block-3, Qtr. No. 44, B.H. Colony, Kankarbagh, P.S.- Kankarbagh, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Raj Shekhar For the Opposite Party/s :

Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-12-2018 Heard learned counsel for the parties.

Petitioner is apprehending arrest in connection with Laheri PS Case No. 380/2017 for the offence under Section 406 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner has no criminal antecedent. Referring to the prosecution case it would be evident that in relation to a partnership agreement certain amount of advance was given by the informant with a condition that he will be partner in every works contract. The present case has been filed on refusal of the petitioner to allow the informant as partner. Considering that the petitioner has no criminal antecedent, this application is allowed. Accordingly, in the event

Patna High Court Cr.Misc. No.66829 of 2018(2) dt.17-12-2018 2/2 of arrest or surrender before the court below within a period of one month from today, the petitioner above named, is directed to 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 the Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Laheri PS Case No. 380/2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) mrl./- U T