Mangal Nath Sahu v. The State of Jharkhand

Coram:HON’BLE MR. JUSTICE D.N. UPADHYAY ----- For the Petitioner For the State : Mr. Rajan Raj, Advocate : APP ----- 02/04.10.2012 Heard the Parties. The petitioner is an accused in connection with a case registered under Sections 406, 420, 384/504 of the Indian Penal Code. It reveals from the complaint that construction of road from Palkot Main Road to Burhuwa temple from M.P. fund for estimated value of Rs.4,50,000/- was sanctioned and the petitioner was appointed as an agent to execute the work. The complainant took the contract for supply of men and materials for construction of road but the total amount was not paid even after completion of the work. It is submitted that initially a complaint case being Complaint Case No. 219/2007 was filed, after which Gumla Palkot P.S. Case No. 58/2007 was registered. After investigation, the police has submitted final form. Thereafter, a protest petition was filed which was registered as complaint case no. 131/2009 and after enquiry cognizance has been taken on 11.06.2010 against the petitioner. The police has also recommended to lodge a complaint against the present complainant under section 181 and 211 of IPC. Learned counsel for the State has opposed the prayer for bail. Considering the facts and circumstances of the case, and the fact that the final report was submitted against the petitioner abovenamed after investigation, he is directed to surrender before the court below within three weeks from today and if he does so, he shall be released on bail, on furnishing bail bond of Rs.10,000/- ( Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Palkot, in connection with complaint case no. 131/2009, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Rakesh/ (D.N. Upadhyay, J)