Patna High Court - Orders
Shalini Kumari vs The State Of Bihar on 9 April, 2026
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44641 of 2023
Arising Out of PS. Case No.-3280 Year-2021 Thana- PATNA COMPLAINT CASE District-
Patna
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1. SHALINI KUMARI W/O KUNAL MOHAN GANDHI @ SONU JEE
Proprietor of Rajpati Enterprises. R/O Mohalla- Bakerganj Gola Road, P.S-
Pirbahore, Distt./Town- Patna.
2. Kunal Mohan Gandhi @ Sonu Jee S/O Late Mohan Lal R/O Mohalla-
Bakerganj Gola Road, P.S- Pirbahore, Distt./Town- Patna.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ever Rise Infosolution Pvt. Ltd through Sanjeev Kumar Jha S/O Shrichandra
Jha Senior Accountant, R/O- Narayani Sadan, Salimpur Ahra, P.O and P.S-
Kadamkuan, Distt./Town- Patna.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr.Raj Kishor Singh, A.P.P.
Mr. Dr. HN Ojha, Advocate
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 09-04-2026Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 406 and 420 of the Indian Penal Code.
3. Prosecution case in brief is that petitioners did not pay rest amount of Rs.15,84,714/- to the informant, though they already received consignment of electronic items.
4. By filing supplementary affidavit, it is submitted on behalf of the petitioners that petitioners have already returned electronic items of Rs.5,41,258/- but this amount has not been deducted by the informant, as such, electronic items worth Rs. Rs.10,43,456/- is kept in the godown of petitioner no.1. However, petitioners are ready to return the due amount of Rs.10,43,456/- to opposite party no.2 in easy instalments, Patna High Court CR. MISC. No.44641 of 2023(6) dt.09-04-2026 2/2 subject to final outcome of the case.
5. Considering the aforesaid facts of the case, prayer for bail of the petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on provisional bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Patna in Complaint Case No. 3280C/2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on following conditions:-
(i) At the time of furnishing bail bond, bank draft of Rs. 3 lacs shall be handed over to opposite party no.2 and to this effect receipt shall be filed with the bail bonds.
(ii) Bank draft of Rest amount of Rs. 7,43,456/- shall be handed over to opposite party no.2 by petitioners in six equal instalments in two years thereafter.
(iii) If the petitioners comply with the conditions, court below shall confirm the provisional bail, otherwise court below shall be at liberty to cancel the bail bonds of the petitioners.
6. It is made clear that without going into the merit of the case, aforesaid order has been passed only for the purpose of grant of bail.
(Prabhat Kumar Singh, J) shashi/-
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