Samrat Kumar Ghosh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20345 of 2017 Arising Out of PS.Case No. -457 Year- 2016 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ======================================================

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

2. K.V. Ramana @ K. Venkata Ramana, Son of Nageswara Rao, Resident of Village- Vel Durthy, P.S.- Pita Puram, District- East Godhawari, Andhrapradesh, at present residing at Ward No. 20, Sungadia, Baripada, Odisha.

3. Narendra Singh, son of Bikrama Singh, Resident of Village- Rajpur Garhi, P.S. - Kandhla, District- Muzaffarnagar, Uttarpradesh .... Petitioners

Versus

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

For the Petitioners : Mr. Anjani Kumar Jha, Advocate For the Opposite Party : Mr. Jitendra Kumar Singh, APP For the complainant : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 13-07-2017 Heard learned counsel for the petitioners, State and the complainant.

Petitioners, who are employees of a company, apprehend their arrest in a case under sections 323, 384, 385, 504, 379 and 34 of the IPC.

It appears that initially a complaint was filed which was subsequently registered as Mufassil (Manuapul) Police Station case no. 457 of 2016 Complainant Mahendra Sah alleged that the accused persons got work done worth Rs.9 lacs from the son of the petitioner, who was a petty contractor and when he asked for his money, the petitioners sought commission of Rs. 3 lacs for releasing the said amount. Furthermore, the petitioners also assaulted the complainant and snatched Rs.10,000/- from his pocket, when he tried to move his

Patna High Court Cr.Misc. No.20345 of 2017 (5) dt.13-07-2017 2/2 pick up van.

The petitioners submit that the allegations are false and police also after investigation submitted final form. Furthermore, the case is one of accounting and has arisen on account of business transaction.

The complainant opposes the prayer for bail submitting that the petitioners did not pay the money against the work rendered by his son.

Having regard to the facts and circumstances of the case, in the event of arrest/surrender, let all the three petitioners named above be released on bail on furnishing bail bond of Rs.5,000/- each with two sureties of the like amount each to the satisfaction of Sri Rajiv Kumar, ACJM, West Champaran at Bettiah in Mufassil (Manuapul) Police station Case No. 457 of 2016 on the condition that each one of the petitioners would deposit a sum of Rs.25,000/- in the court below, which would be subject to the result of the case.

(Samarendra Pratap Singh, J) Shashi.

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