Rohit Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 27278 of 2016 Arising Out of PS.Case No. -364 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Rohit Kumar Son of Uma Shankar Prasad @ Shankar Bhagat resident of village Gadai Sarai P.S. Sadar (Hajipur), Distt. Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar

2. Manish Kumar Chaudhary son of Rameshwar Chaudhary, resident of vill. Gauspur Izra, P.S. Sadar, Distt. Vaishali, Proprietor M/S Sambhavi Enterprises .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

25-07-2016 Heard Sri Alok Kumar Alok, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehends his arrest in Complaint Case No. 364 of 2014 registered for the offence under Sections 406 & 420 of the Indian Penal Code, in which, order of cognizance was passed under Sections 407 & 420 of the Indian Penal Code, has prayed for grant of anticipatory bail. It was submitted by learned counsel for the petitioner that on perusal of the complaint petition, it is evident that in a business transaction, dispute arose and thereafter, a colour of criminal offence has been given by the complainant. Besides this, he submits that one of the co-accused, having similar accusation,

Patna High Court Cr.Misc. No.27278 of 2016 (3) dt.25-07-2016 2/2 has already been extended the privilege of anticipatory bail by this Court, vide order dated 10-12-2015 passed in Cr. Misc. No. 50863 of 2015 (Annexure - 3).

Besides hearing, I have also perused the material on record, particularly Annexure - 3 to the petition, whereby one of the co-accused Birendra Kumar Singh was granted bail. In view of nature of accusation as well as the fact that one of the co-accused, having similar accusation, has already been granted anticipatory bail, there is no reason to deny the prayer of the petitioner.

Accordingly, in the event of arrest or surrender within a period of six weeks from today let the petitioner namely Rohit Kumar be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Akhilesh Kumar, J.M. 1st Class, Hajipur (Vaishali) in connection with Complaint Case No. 364 of 2014 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) Anay U T