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Sangeet Kumar @ Sanjeet Kumar v. The State of Bihar

Patna HC15 Jun 2022CR. MISC./62825/2021

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application arising from a P.S. case for cheating and criminal breach of trust, the High Court granted anticipatory bail, characterizing the main dispute as a civil wrong involving a business transaction and pecuniary dispute between private parties.

What did the court decide?

Petitioner granted bail to be released in event of arrest or surrender within eight weeks on furnishing bond of Rs. 10,000 with two sureties of similar amount.

Sangeet Kumar @ Sanjeet Kumar Vs The State of… — Contract and Commercial Disputes | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62825 of 2021

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Arising Out of PS. Case No.-234 Year-2019 Thana- DARBHANGA District- Darbhanga

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

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SANGEET KUMAR @ SANJEET KUMAR S/o- Ram Kishun Sah @ Sukhdeo Raj Kumar Resident of Vill/Mohalla - Hasanchauk, Lal Bagh, P.S. - Town Dist. - Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kedar Jha For the Opposite Party/s : Mr.APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH

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ORAL ORDER

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2 15-06-2022

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The learned counsel for the petitioner is directed to

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remove all the defects pointed out by the Stamp Reporter within one month.

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The petitioner apprehends his arrest in connection with Town P.S. Case no. 234 of 2019 registered under sections 406 and 420 of the Indian Penal Code.

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The main submissions advanced by learned counsel for the petitioner are that there is clean antecedent of the petitioner, he has never involved in any other criminal case earlier before the present case. Informant has filed Complaint Case no. CS/57723 of 2018 under section 138 of N.I. Act before the court of Metropolitan Magistrate, Kolkata which relates to the alleged amount of the present case in which petitioner is on bail, informant's company after closing business with this petitioner instantly initiated said case under N.I. Act against the petitioner and after one year, filed the

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Patna High Court CR. MISC. No.62825 of 2021(2) dt.15-06-2022 2/3

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present case suppressing the fact of his earlier case which shows malafide intention of the informant for lodging the present case . Further submission is that in fact, at the request of the official of the informant's company, some quantity of TMT bar of the informant's company was supplied to the petitioner for sale and said business was wound up on 17.1.2018 and at the time of closing of said business dues on the part of the petitioner was Rs 6,64,645/- which was to be realized from security of Rs 20 lakh of the petitioner deposited by him in the account of the informant's company and accordingly, remaining amount Rs 13,80,205/- was to be paid by the informant's company to the petitioner and accordingly, no role was committed by the petitioner and moreover, nature of the allegation completely involves a civil wrong for which a criminal liability cannot be fastened upon the petitioner.

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Learned counsel appearing for the informant vehemently opposed the bail petition and submitted that the submission of the petitioner with regard to dishonoring of the cheque is a different matter and the same is not in the knowledge of the informant and the petitioner intentionally misappropriated TMT Bar which was entrusted to the petitioner for the purpose of sale.

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Heard both sides, perused the relevant documents annexed with the bail petition. The main allegation is with regard to nonpayment of sale proceeds of TMT Bar which was entrusted to the petitioner for the purpose of sale and as per above submission, the

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Patna High Court CR. MISC. No.62825 of 2021(2) dt.15-06-2022 3/3

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main dispute is with regard to business transaction in between both parties and the informant has also initiated a legal action under section 138 of N.I. Act in respect of cheque issued by the petitioner for the purpose of security paid in the transaction.

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Considering these facts as well as nature of the allegation which is mainly a civil wrong on the part of the petitioner, in my view, lenient approach may be taken in respect of the petitioner. Let the petitioner, in the event of arrest or surrender within eight weeks from today, be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in connection with Town P.S. Case no. 234 of 2019 subject to condition as laid down under section 438(2) Cr.P.C.

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(Shailendra Singh, J)

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s.hassan/-

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U T

Sangeet Kumar @ Sanjeet Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Sangeet Kumar @ Sanjeet Kumar v. The State of Bihar

Case brief

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What did the court decide?

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