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Patna High CourtCR. MISC./34159/2017bail granted

Pankaj Pathak v. The State Of Bihar

2017-08-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34159 of 2017 Arising Out of PS.Case No. -363 Year- 2016 Thana -PATLIPUTRA District- PATNA ======================================================

1. Pankaj Pathak, S/o Sri Gunanand Pathak, Resident of Flat No.201, Ramabraj Appartment, Vidyapati Lane, Boring Patliputra Road, P.S.- Sri Krishnapuri, District- Patna .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ambuj Nayan Chaubey, Adv. For the Opposite Party : Mr. Chaubey Jawahar, APP 158 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-08-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 406 and 420 of the Indian Penal Code. The petitioner is Manager of Allied Blenders and Distilleries Pvt. Ltd., Patna. The informant company had supplied goods to the petitioner's company through different invoices, at pages 17 to 28. A small amount was paid. However, major amount has not been paid.

Submission of the learned counsel for the petitioner is that the company is not an accused and payment was to be made on behalf of the company. However, after enforcement of new Excise Laws in the State of Bihar, the work hampered and payment could not be made, which is a matter of accounting. Considering the aforesaid fact, let the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each in

Patna High Court Cr.Misc. No.34159 of 2017 (3) dt.23-08-2017 2/2 connection with Patliputra P.S. Case No. 363 of 2016 to the satisfaction of the Sub Judge XII-cum-Additional Chief Judicial Magistrate, Patna, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

The petitioner shall not leave the country without the permission of the Court.

(Birendra Kumar, J) SA/- U √ T √