IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21663 of 2011
1. M. K. Srivastava @ Mritunjay Kumar
Srivastava S/o Arun Srivastava, C/o Shri
Sagar Matha Distributor Pvt. Ltd. 302,
N.P. Centre, New Dak Bunglow Road, P.S.-
Kotwali, District-Patna.
2. Prakash Mani Gaurav, S/o Shri Paras Nath
Sahay, C/o Shri Sagar Matha Distributor
Pvt. Ltd. 302, N.P. Centre, New Dak
Bunglow Road, P.S.-Kotwali, District-
Patna.
.......Petitioners
Versus
The State Of Bihar
........Opposite Party
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02 08.07.2011 Heard learned counsel for the
petitioner and learned counsel for the
State.
Apprehending their arrest in
connection with Kotwali P.S. Case No. 277
of 2011 registered for the offence under
sections 420 and 406 of the Indian Penal
Code, the petitioners have prayed for grant
of bail.
Learned counsel for the petitioner
submits that from the perusal of the F.I.R.
itself, it would transpire that the case
appears essentially to be of a civil
nature. He further submits that ingredients
of offence under sections 406 and 420, he
is completely missing in this case. He
further submits that at best it would be a
case of breach of agreement for which the
aggrieved party may seek proper remedy in
accordance with law. Without expressing any
opinion on the merit of the case for the
purposes of bail, I am convinced that
petitioners deserve to be enlarged on bail.
Taking into consideration the facts
and submissions made on behalf of the
parties, let the petitioners, namely M.K.
Srivastava @ Mritunjay Kumar Srivastava and
Prakash Mani Gaurav, in the event of their
arrest or surrender before the court below
within a period of four weeks from the date
of communication of this order, be released
on bail on furnishing bail bonds of Rs.
5,000/- (five thousand) each with two
sureties of the like amount each to the
satisfaction of the learned Chief Judicial
Magistrate, Patna, in connection with
Kotwali P.S. Case No. 277 of 2011.
( Ashwani Kumar Singh, J.)
Safik