Pankaj Kumar And ANR v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3541 of 2019 Arising Out of PS. Case No.-1835 Year-2016 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.

Pankaj Kumar son of Chadshekhar Prasad R/o Shanti Chhaya, behind SBR College, Langarpur, P.S.- Barh, District- Patna 2.

Santosh Kumar @ Santosh Kumar Shukla son of Jagannathan Shukla R/o Nasipur, Post- Bara, P.S.- Bara , Baksar, District - Unnao, U.P.- 229501. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Arjun Mahto Late Ram Sagar Mahto R/o Village- Maniappa, P.S.- Mattihani, District- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Neerad Parashar For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-03-2019 This is an application for grant of anticipatory bail in connection with Begusarai Complaint Case No. 1835 of 2016, disclosing offences under Sections 323, 379, 409, 420, 467, 504/34 of the Indian Penal Code.

Allegation as per complaint petition is that the complainant has purchased a tractor on loan and as the some installments have not been deposited, the accused persons including the petitioners have lifted the tractor from the house of the complainant and seized the same.

Submission of learned counsel for the petitioners is that the complaint petition itself shows that the complainant was

Patna High Court CR. MISC. No.3541 of 2019(3) dt.26-03-2019 2/2 a defaulter and as such, his vehicle was lifted and there was no criminal intention behind that.

Heard learned A.P.P. as well as learned counsel for the complainant, they have opposed the prayer for anticipatory bail of the petitioners.

Having heard both sides, considering the above submission, this application is allowed. The provisional bail earlier granted to the petitioner vide order dated 25.01.2019 is confirmed.

(Vinod Kumar Sinha, J) Amjad/- U T