Abhay Kumar @ Abhay Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5040 of 2016 Arising out of PS. Case No. -422 Year- 2013 Thana -JAHANABAD District- JEHANABAD ====================================================== Abhay Kumar @ Abhay Sharma son of Sri Rajendra Kumar resident of Village + P.O. - Noru N.H. - 81, Patna Gaya Road, Jehanabad, District - Jehanabad, .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajay Kumar No.1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 28-03-2016 Heard Mr. Rajendra Narayan, learned senior counsel for the petitioner, learned counsel for the State and Mr. Raj Kumar for the informant.
The petitioner apprehends his arrest in connection with Jehanabad P.S. Case No. 422 of 2013 for offences punishable under Sections 406, 420 and 120(B) of the Indian Penal Code. A purely business dispute has been given a colour of criminal act. The petitioner happens to be the dealer and according to the informant who has registered appearance through Mr. Raj Kumar, the tractor has been re-sold by the petitioner to one Dr. Md. Mahfooj Saraj.
Having heard learned counsel for the parties and considering the nature of dispute raised, which prima facie reflects
Patna High Court Cr.Misc. No.5040 of 2016 (2) dt.28-03-2016 a business dispute, let the petitioner Abhay Kumar @ Abhay Sharma in the event of his arrest or surrender within four weeks from today 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 the Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 422 of 2013 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Jyoti Saran, J) S.Sb/- U T