Roj Mohammad Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 5963 of 2022 Arising Out of PS. Case No.-153 Year-2021 Thana- DUMARIAGHAT District- East Champaran ====================================================== ROJ MOHAMMAD MIAN Son of Jaharuddin Mian Resident of VillagePakari, P.S. Muffasil, Motihari, District - East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-01-2023 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as learned counsel for the informant.

The petitioner apprehends his arrest in connection with Dumariyaghat P.S. Case No. 153 of 2021, registered for the offences punishable under Sections 379, 406, 420, 504, 506 of the Indian Penal Code.

As per allegation, the informant has given her truck on lease to the petitioner. As per terms and conditions of the lease deed the petitioner has to pay Rs. 80,000/- per month. The petitioner has advanced Rs. 1,15,000/- but thereafter he never

Patna High Court CR. MISC. No. 5963 of 2022(5) dt.03-01-2023 2/3 paid the installments. The informant came to know that the petitioner stealthily sold out that truck and grabbed the amount. The learned counsel for the petitioner has submitted that the entire allegation is false. The petitioner had never taken the truck of the informant nor he executed any agreement in respect thereof. He has submitted further that the informant herself had taken a loan from the petitioner. On the other hand, the learned counsel for the informant has submitted that the lease deed is on the record and as a matter of fact the petitioner has signed that deed. He took the truck of the informant on rent of Rs. 80,000/- per month but he stealthily sold that truck to someone else. The fact in issue in this case is whether a lease of deed has been executed between the parties or not. The matter is still under investigation.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks from the date of communication of this order before the learned court below, 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 learned Chief Judicial Magistrate, East Champaran at Motihari in

Patna High Court CR. MISC. No. 5963 of 2022(5) dt.03-01-2023 3/3 connection with Dumariyaghat P.S. Case No. 153 of 2021 only till submission of the investigation report, subject to the conditions as laid down under Section 438(2) Cr.P.C. The petitioner shall cooperate with the investigation authority. If it is found that he is not cooperating with the investigating authority, the court below shall be at liberty to cancel his bail bond.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T