Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9433 of 2016 Arising Out of PS.Case No. -281 Year- 2015 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Amit Kumar, Son of Vijay Chaoudhray, Resident of Village- Chak Daulat P.S.- Ujiyarpur, District- Samastipur.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. S.N.P. Sinha, Sr. Adv. Mr. Jitendra Narain Sinha Mr. Rohit Kumar For the State : Mr. Dashrath Mehta (APP) For the Informant : Mr. Krishna Pd. Sinha, Sr. Adv.

Mr. P.P.N. Sahi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Begusarai (Town) P.S. Case No. 281 of 2015 registered under Sections 420, 120(B), 406, 504, 341, 342 and 506/34 of the I.P.C. The accusation is that the informant used to sell the motorcycle through T.P.S. Motors taking the same to the agency of the petitioner, regarding which he had deposited Rs. 3 lakh as security money, later on assurance of the petitioner and his two partners named in the F.I.R., informant deposited Rs. 15 lakhs for franchise for selling the motorcycle but in spite of repeated request, neither franchise was provided to the informant, nor money was returned by the petitioner.

Patna High Court Cr.Misc. No.9433 of 2016 (3) dt.26-04-2016 2/2 Learned counsel appearing on behalf of the petitioner submits that in fact, earlier there was some dispute regarding which Begusarai P.S. Case No. 389 of 2014 was instituted by informant of the present case and a compromise petition was filed on 28.06.2014 to the effect that the dispute of account has already been settled between the parties but the informant due to ulterior motive lodged the present case on 09.06.2015 with false allegation.

Learned counsel appearing on behalf of the informant opposed the prayer of the petitioner with submission that there is also agreement for returning the money of Rs. 15 lakhs on the same date.

Having considered the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Begusarai in connection with Begusarai (Town) P.S. Case No.281 of 2015.

(Rajendra Kumar Mishra, J) Shail/- U T