Kamal Daruka v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12122 of 2021 Arising Out of PS. Case No.-139 Year-2020 Thana- HABIBPUR District- Bhagalpur ====================================================== KAMAL DARUKA S/o Late Om Prakash Daruka R/o Mohalla- Bhagwandas Marbari Lane- 2, Sujaganj Bazar, P.S.- Kotwali, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh, Adv.
For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Habibpur P.S. Case No. 139 of 2020 registered under Sections 414, 467, 468, 471 and 120(B) of the Indian Penal Code.
Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that on perusal of Annexure nos. 2, 3, 4 and 5 it would be evident that petitioner has already sold the car to one Md. Fukran at Rs. 1,21,000/-. Md. Fukran paid only Rs. 21,000/- to the petitioner and he told that he paid the rest amount within three months, but he did not paid the rest amount to the petitioner and also
Patna High Court CR. MISC. No.12122 of 2021(2) dt.21-01-2022 2/2 changed the color and number plate of the car. Further he submits that petitioner has given application to the police official on the same very next day of the alleged occurrence. Petitioner has also filed a complaint case against the Md. Fukran vide Complaint Case No. 1054 of 2020 for the alleged occurrence. Petitioner has no criminal history. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the A.C.J.M.-IX, Bhagalpur in connection with Habibpur P.S. Case No. 139 of 2020, subject to the condition as laid down under Section 438(2) of the Cr. P.C. utkarsh/- (Arvind Srivastava, J) U T