Sanjeev Kumar @ Sanjeev Kumar Singh vs The State Of Bihar on 21 August, 2019

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Patna High Court - Orders

Sanjeev Kumar @ Sanjeev Kumar Singh vs The State Of Bihar on 21 August, 2019

Bench: Vinod Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34273 of 2019
                  Arising Out of PS. Case No.-14 Year-2019 Thana- TARIYANI CHOWK District- Sheohar
                 ======================================================
                 SANJEEV KUMAR @ SANJEEV KUMAR SINGH Son of Akhilesh Singh
                 Resident of Village - Ratanpur, P.S.- Piprahi, Dist.- Sheohar

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    THE STATE OF BIHAR
           2.    Ashok Kumar Son of Jagnnath Ray Resident of Village - Sumhauti, P.S.-
                 Tariyani, Dist.- Sheohar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Dinesh Jha
                 For the Opposite Party/s :      Mr.Satyavrat Verma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
                                       ORAL ORDER

4   21-08-2019

Petitioner seeks bail in anticipation of his arrest in connection with Tariyani P.S. Case No. 14 of 2019 registered for the offences punishable under Sections 406, 420 of the Indian Penal Code and Section 138 of N.I. Act.

Allegation against the petitioner, who is a contractor, is that he has taken building materials from the informant worth Rs.25,87,348/- and petitioner made payment of Rs.10 lac and for rest of the amount he has given three cheques total amount of Rs.15,00,000/- which were bounced and in spite of legal notice he has not returned the amount.

Submission of learned counsel for the petitioner is that as a matter of fact he has returned the amount through NIFT Patna High Court CR. MISC. No.34273 of 2019(4) dt.21-08-2019 2/3 and RTGS of Rs.18,69,000/- and Rs.31,000/- in cash, as such no amount is due with the petitioner.

Heard learned APP and on perusal of the record it appears that this is a case of transaction of supply of articles and payment and with respect to the same there is contradictory stand of both the parties also.

In view of above facts and circumstances, let petitioner surrnder by 5.9.2019 along with a Bank Draft of Rs.2 lac in favour of opposite party No.2 and on deposit of the same he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sheohar, in connection with Tariyani P.S. Case No. 14 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. It is made clear that if the aforesaid amount is deposited the same may be released in favour of opposite party No.2 on an undertaking that he will abide by the final outcome of the case and case of the petitioner shall not be prejudiced by the aforesaid deposit.

Patna High Court CR. MISC. No.34273 of 2019(4) dt.21-08-2019 3/3 With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/-

U        T

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Patna High Court - Orders