IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28771 of 2010 PRIYABRAT KUMAR @ BABLU SON OF SHAMBHU NATH RAI, R/O VILLAGE PANAPUR KURD, P.S. KANTI, DISTRICT MUZAFFARPUR. ………………..PETITIONER Versus THE STATE OF BIHAR ………..OPPOSITE PARTY ----------- 03/ 11.10.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under sections 406 and 420 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation against the petitioner is that accused persons, including the petitioner came at the shop of the informant at Subhash Chowk, Hajipur and convinced the informant for installing an X-ray Plant in the shop as he had been installing an X-ray Plant in Government Hospital, Referal Hospital, etc. It is further submitted that the informant totally paid Rs.2, 00, 000.00 and he was ready to make the remaining payment, but neither X-ray machine was supplied nor installed nor the amount worth Rs.2, 00, 000.00 was returned to the informant in spite of his repeated requests. He further states that the petitioner was working as Divisional Sales Manager, I.G.E. Medical System and the X-ray Plant was not installed due to non-payment of the entire amount by the informant. It is also submitted that co-accused Sunil Pathak, an authorized channel associate of I.G.E. Medical System, has returned Rs.20,000.00 to the informant and has filed an application before the court below to seek some time for returning the remaining amount - 2 - to the informant. Learned counsel for the petitioner also avers that the petitioner is in custody since May, 2010. Considering the aforesaid facts and circumstances of the case, the petitioner, namely Priyabrat Kumar @ Bablu is directed to be released on bail on furnishing bail bond of Rs. 10,000.00 with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Hajipur in connection with Hajipur P.S. Case No.276 of 2009. Harish (S.N. Hussain, J.)