Patna High Court Cr.Misc. No.31874 of 2011 (2) dt.19-09-2011
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31874 of 2011
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B K. Sureka, S/O Sri Babu Lal Sureka, Executive President, Bharat Sugar
Mill Ltd., At, P.O. & P.S. Sidhwalia, Distt.- Gopalganj.
…. …. Petitioner
Versus
The State of Bihar
…. …. Opposite Party
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2 19-09-2011 Heard learned counsel for petitioner and learned
counsel for the State.
The petitioner apprehends his arrest in connection with
a case registered for the offence punishable under sections 420,
406 and 323 of the Indian Penal Code.
It is alleged that the petitioner happens to be General
Manager of Bharat Sugar Mills Ltd., Sidhwalia. The complainant
executed works to the tune of Rs. 1,33,300/-. The complainant
alleged that in spite of repeated demand the amount due was not
paid to him.
It is submitted on behalf of the petitioner that even
assuming the prosecution case to be true, the dispute at best would
be a dispute of civil nature. The petitioner also submits that the
entire payment which was due to the complainant has already been
made. It is further submitted that petitioner is not the General
Manager of the Sugar Factory as alleged but he is Executive
President of the said Factory.
Patna High Court Cr.Misc. No.31874 of 2011 (2) dt.19-09-2011
Taking into consideration, the nature of allegation and
the facts and circumstances of the case, let the petitioner, namely,
B.K. Sureka in the event of his arrest or surrender before the court
below within a period of four weeks from the date of
receipt/communication of the order be released on bail on
furnishing bail bonds of Rs.5,000/- (five thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Gopalganj in connection with C. Case
No. 2289 of 2008, Trial No. 317 of 2011, subject to the conditions
as laid down under section 438(2) of the Code of Criminal
Procedure.
(Ashwani Kumar Singh, J)
Bhardwaj/-