Allowed

Devendra Swaran @ Devendra Kumar @ Devendra Sawarn v. State Of Bihar and Anr.

Patna HC20 Jul 2017CR. MISC./34088/2017

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a case under Sections 406 and 420 IPC. The bench noted the delay in filing the complaint and the civil nature of the dispute, allowing bail subject to standard conditions.

What did the court decide?

Granted anticipatory bail allowing surrender within six weeks for release on furnishing bail bond of Rs.10,000/- with two sureties.

Devendra Swaran @ Devendra Kumar @ Devendra… — Contract and Commercial Disputes | Patna HC (2017)

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Patna High Court Cr.Misc. No.34088 of 2017 (2) dt.20-07-2017

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34088 of 2017

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Arising Out of PS.Case No. -30374 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA

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====================================================== Devendra Swaran @ Devendra Kumar @ Devendra Sawarn, son of Sri Ram Bali, resident of Cambrian Convent, Bahadurpur Housing Colony, P.S. Agamkuan, Distt. Patna.

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.... .... Petitioner/s

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Versus

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The State of Bihar

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Uday Kumar Srivastava, son of late Alakhnandan Srivastava, Managing Director, Patna Books World Private Limited, Thakurbari Road, Kadamkuan, P.S. Kadamkuan, Distt. Patna.

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.... .... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No-2, Advocate. For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER

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2 20-07-2017 Heard learned counsel for the petitioner and the State.

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The petitioner apprehends his arrest in Complaint Case No. 30374(C) of 2014 instituted for the offence under Sections 406 and 420 of the Indian Penal Code.

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It has been submitted that occurrence is said to have taken place in the year 2009 and complaint petition has been filed in the year 2014. The instant case has been filed by the complainant alleging therein that he has supplied books to the petitioner worth Rs.75,786/- and payment was not made by the petitioner in spite of legal notice sent to him. It has further been submitted that the instant case has been filed in the garb of civil

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Patna High Court Cr.Misc. No.34088 of 2017 (2) dt.20-07-2017

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dispute and civil remedy is available to the petitioner to redress his

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grievance.

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Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Complaint Case No. 30374(C) of 2014, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Madhvi Singh, Judicial Magistrate, 1^st Class, Patna, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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(Sanjay Priya, J)

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S.Ali/-

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U T

Devendra Swaran @ Devendra Kumar @ Devendra Sawarn v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Devendra Swaran @ Devendra Kumar @ Devendra Sawarn v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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