Allowed

Tusar Ranjan @ Vikki @ Tusar Ranjan and Anr. v. The State Of Bihar

Patna HC17 Dec 2018CR. MISC./69637/2018

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the applicants in a PS Case regarding alleged refusal to return gas cylinders and pay dues. The court held the dispute was fundamentally civil in nature, and thus, bail was allowed on furnishing of a bond.

What did the court decide?

Petitioners released on bail on furnishing a bond of Rs. 10,000 each with two sureties of the like amount to the CJM Bhagalpur.

Tusar Ranjan @ Vikki @ Tusar Ranjan and Anr… — Contract and Commercial Disputes | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.69637 of 2018

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Arising Out of PS. Case No.-109 Year-2018 Thana- INDUSTRIAL District- Bhagalpur

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======================================================

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Tusar Ranjan @ Vikki son of Sri Jay Prakash Thakur

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Rajeev Ranjan Son of Sri Jay Prakash Thakur Resident of Plot no. D/2-C, Behad adyogik Kshetra, barari, Sabour, P.S.- Industrial Area ( Adyogik Prakshetra, District- Bhagalpur

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Parasmani For the Opposite Party/s : Mr. Sri Ashok Kumar Singh 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH

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ORAL ORDER

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3 17-12-2018

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Heard learned counsel for the parties.

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The petitioner seeks bail in connection with Industrial P.S. Case No. 109 of 2018, registered under Sections 406, 409, 420, 323, 504, 506 & 120B of the Indian Penal Code.

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As per the FIR, the petitioner no. 1 used to purchase Oxygen from the factory of he informant and subsequently, he stopped purchasing gas from the informant’s factory.

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It is alleged that petitioners did not return the gas cylinders to the informant and refused to pay the price of the gas supplied. According to the petitioner, the value of the gas cylinder so retained by the petitioner is 12,55,200/- and price of

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Patna High Court Cr.Misc. No.69637 of 2018(3) dt.17-12-2018 2/3

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the gas is about 88,000/- which is payable by the petitioners.

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Learned counsel appearing on behalf of the petitioners has submitted that so far as the petitioner no. 2 is concerned, he has been implicated only because he is brother of the petitioner no. 1, though there is no specific allegation against petitioner no. 2.

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As regards the allegation made in the First Information Report, he contends that it is apparently a civil dispute which has been given color of a criminal case.

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Learned counsel appearing on behalf of the informant on the other hand, has vehemently opposed the prayer for anticipatory bail and has submitted that there are documentary evidence to show that the petitioners have received gas cylinders from the informant and subsequently they refused to return the cylinders and pay the price of the gas.

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I am satisfied with the submission advanced on behalf of the petitioners to the effect that dispute between the parties is fundamentally of civil nature. In any event a case for grant of anticipatory bail is made out. This application is accordingly allowed.

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Let the petitioners above-named, in the event of their arrest or surrender in the court below within six weeks

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Patna High Court Cr.Misc. No.69637 of 2018(3) dt.17-12-2018 3/3

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from today, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Industrial P.S. Case No. 109 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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This is subject to the condition that the petitioners shall present themselves before the police/court, as the case may be, as and when required and in the event of failure on their part to appear before the court on two consecutive occasions, their bail bond shall be liable to be cancelled.

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(Chakradhari Sharan Singh, J)

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arun/Rajan

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Tusar Ranjan @ Vikki @ Tusar Ranjan and Anr. v. The State Of Bihar

Case brief

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Tusar Ranjan @ Vikki @ Tusar Ranjan and Anr. v. The State Of Bihar

Case brief

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