Ajay Kumar Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1580 of 2025 Arising Out of PS. Case No.-1205 Year-2022 Thana- COMPLAINT CASE - PATNA CITY District- Patna ====================================================== Ajay Kumar Mehta Son of Ram Chandra Prasad Mehta Proprietor of M/S. Arts, Resident of Maharana Pratap Nagar, Yodha Nagar, New Area, Aurangabad, P.O. and P.S. - Aurangabad, Kuvcheri AR, District - Aurangabad, Bihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Suman Kumar Sinha Son of Anil Prasad Resident of B.N.R. Road, P.S. - Sultanganj, District - Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar, Advocate For the Opposite Party/s :
Rina Sinha, A.P.P.
Mr. Jibendra Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-09-2025 Heard learned counsel for the parties.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 406 and 420 of the Indian Penal Code.
3. As per the prosecution case, complainant is the seller of Digital Printing Machine and also deals in replacement of old machine in place of new machine. On 25.02.2021, petitioner went to the residence of complainant and placed order to purchase Jet X Altroz model digital flex printing machine. Rate of this machine was fixed Rs 7,50,000/- and accordingly on delivery petitioner gave token money Rs. 11,000/- to
Patna High Court CR. MISC. No.1580 of 2025(6) dt.16-09-2025 2/3 complainant on 01.03.2021. At the time of delivery, petitioner was to pay Rs. 4,00,000/- and at the time of installation petitioner was to pay Rs. 89,000/- from Rs. 1,00,000/- after deducting Rs. 11,000/- and rest amount of Rs. 2,50,000/- was to be paid in 12 instalments of Rs. 20,833/-. It is alleged that despite repeated request, no amount is being paid by the petitioner.
4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Complaint has resulted on account of commercial retaliation between the parties wherein this petitioner who is running a proprietory concern used to deal in digital printing machine. No balance is due against the petitioner and the matter relates to accounting and petitioner is ready to pay the balance amount if it is due after calculation of account.
5. Learned counsel for the State and the complainant oppose the prayer for pre-arrest bail.
6. Considering the nature of dispute which is purely commercial in nature, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let this petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with
Patna High Court CR. MISC. No.1580 of 2025(6) dt.16-09-2025 3/3 two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Patna City or Successor Court in CA No. 1205/2022, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Shashi U T