Shiv Kumar Bhagat @ Munna Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51013 of 2016 Arising Out of PS.Case No. -263 Year- 2014 Thana -AMARPUR District- BANKA ======================================================

1. Shiv Kumar Bhagat @ Munna Bhagat, son of Late Madhusudan Bhagat, resident of House No.5, Madhusudan Kunj, Basant Vihar Colony, Boring Road, P.S.- Sri Krishnapuri, Patna- 800001 .... Petitioner

Versus

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

For the Petitioner : Mr. Satyabir Bharti, Adv. For the Opposite Party : Mr. Dr. Ajeet Kumar, APP 94 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-12-2016 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. Allegation is that the informant has supplied diesel to the petitioner's factory of Rs.4,31,000/- and odd till 28.02.2010 and the payment is still due.

Submission of the petitioner is that after four years of the alleged due the first information report has been lodged without serving any notice or without substantiating the allegation with material that in fact there is due.

Considering the aforesaid fact, 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.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Amarpur P.S. Case No. 263 of 2014 to the satisfaction of the Chief Judicial Magistrate, Banka, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √