Samrat Kumar Ghosh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63168 of 2017 Arising Out of PS.Case No. -1816 Year- 2016 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Samrat Kumar Ghosh son of Late Swapan Kumar Ghosh Resident of Village - Sripally, P.S. Asansol (South), District - Burdman, West Bengal at present residing at Mohalla - Bankat, Motihari, District - East Champaran.

2. K.V. Ramana Son of Nageshwar Rao Resident of Village - Vel Durthy Pita Puram, District - East Godhawari, Andrapradesh, at present residing at ward no. 20, Sungadia, Baripada, Odisha.

.... .... Petitioners

Versus

1. The State of Bihar.

2. Sunil Kumar Sah son of Mahendra Sah resident of village - Semuapur, P.S. - Chanpatia, Distt - West Champaran.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2018 Petitioners apprehend their arrest in connection with Complaint Case No. 1816 of 2016 lodged for the offences punishable under Sections 386, 420, 406, 380, 504 and 506 of the Indian Penal Code.

Allegation against the petitioners, who are employees of Vindhya Teli Links Ltd., is that they have not passed the bill of the complainant demanding 20% commission.

Submission of learned counsel for the petitioners is that against the complainant Bettiah Town P.S.Case No. 400 of 2016 has been filed with respect to theft of electrical articles of the

Patna High Court Cr.Misc. No.63168 of 2017 (3) dt.03-07-2018 2/2 company and, as such payment was not made earlier and now they have compromised the case.

In this case, notice was issued to opposite party No.2 and in spite of valid service of notice he has not appeared. Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioners, named above, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Complaint Case No. 1816-C of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned.

(Vinod Kumar Sinha, J) spal/- U