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Patna High CourtCR. MISC./11104/2018bail granted

Shreyans Agrawal @ Shreyans Kumar Garodia v. State Of Bihar And ANR

2018-02-26Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.11104 of 2018 (2) dt.26-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11104 of 2018 Arising Out of PS.Case No. -721 Year- 2016 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Shreyans Agrawal @ Shreyans Kumar Garodia, son of Sri Keshav Kumar Garodia.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Subhash Chandra, Son of late Ganpat Rai.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 721 of 2016 registered under Sections 406, 323, 379 and 504/34 of the Indian Penal Code.

The accusation is that accused no. 1, Keshav Kumar Gadodia, father of petitioner, was doing the business to purchase and sale of shares in the name of his firm, Security Baut, who was known to the complainant, Subhash Chandra. On asking by accused no. 1, Keshav Kumar Gadodia, complainant gave Rs.1,48,781.50/- in the year 2008 and he purchased the share of Rs.2,16,916.50/- on 14.11.2008, but due to urgency of money, he asked to accused, Keshav Kumar, to sell his entire share then he sold share in

Patna High Court Cr.Misc. No.11104 of 2018 (2) dt.26-02-2018 Rs.2,50,678/-, but accused no.1 only gave Rs.50,678/- to him and requested to return Rs.2,00,000/-. In spite of repeated request, the aforesaid money was not returned and accused no. 1 closed his firm in the year 2010. Thereafter, on 24.07.2016, complainant went at the house of accused no. 1 then accused no. 1 started to abuse him. At that time, petitioner (accused no. 2) also abused to the complainant. Learned counsel for the petitioner submits that, in fact, at present, petitioner is the medical student and studding at Medical College, Kolkata, but he being the accused no. 1, Keshav Kumar Gadodia, has falsely been implicated in this case.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Patna City, in connection with Complaint Case No. 721 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.