This order grants anticipatory bail to the petitioners in PS Case No. 233 of 2018 involving misappropriation and cheating charges, upon their submission that the entire disputed amount has been deposited in Annexure-7.
Grant of anticipatory bail on furnishing security of Rs. 10,000/- each with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.67505 of 2018
Arising Out of PS. Case No.-233 Year-2018 Thana- DALSINGHSARAI District- Samastipur
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... ... Petitioners Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Piyush Anand For the Opposite Party/s : Mr. Parmeshwar Mehta ======================================================
... ... Opposite Party
CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
2 04-12-2018
learned Additional Public Prosecutor for the State.
Petitioners apprehend their arrest in connection with Dalsingsarai P.S. Case No. 233 of 2018 registered for the offences punishable under Sections 409, 419, 420 of the Indian Penal Code and Section 7 of E.C. Act.
Petitioner no. 1 happens to be Chairman and petitioner no. 2 happens to be Manager of Nagargama PACS and it is alleged that Rs. 21,00,000/- was taken in advance for supply of wheat but only wheat worth Rs. 14,05,350/- was supplied and remaining amount was misappropriated.
However, learned counsel appearing for the
Patna High Court Cr.Misc. No.67505 of 2018(2) dt.04-12-2018 2/2
petitioners drew my attention towards Annexure-7 to this petition and submits that entire amount in question has already been deposited, which is evident from the above stated Annexure-7.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dalsing Sarai, Samastipur in Dalsingsarai P.S. Case No. 233 of 2018, subject to conditions as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J)
shahzad/-
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in a punishable offence where the disputed amount has been deposited.
1 provisions across 1 enactments
Ram Naresh Rai
Arvind Kumar
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
