Mahtab Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9924 of 2020 Arising Out of PS. Case No.-250 Year-2019 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== MAHTAB ALAM S/o Aftab Alam @ Ladle Munna, Scard Tractor Afradh Road Sihauta Bangara, Maharajganj, District- Siwan, R/o village- Motipur Chiktoli, P.O.- Hathua, P.S.- Hathua, District- Gopalganj ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Shobha Devi W/o Amod Kumar Puri R/o village- Machhagar Jagdish, P.O.- Hathua, P.S.- Hathua, District- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Prasad For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Complaint Case No. 250 of 2019 for the offence under Sections 406 and 420 of the Indian Penal Code. Allegation against the petitioner is that he has taken the tractor on rent, but has not paid the rent after using the tractor for one year.

Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent. The petitioner is employee of Hind Scort Tractor Agency wherefrom the informant has purchased the Tractor. He further submits that in fact the informant has transferred the tractor in favour of one Bashista Ram. He further submits that neither the petitioner of

Patna High Court CR. MISC. No.9924 of 2020(2) dt.29-02-2020 2/2 this case has purchased the tractor nor used the tractor for any purpose and because of the fact that the petitioner is employee of the agency wherefrom the informant has purchased the tractor he has been made accused.

Considering the aforesaid, the petitioner named above, in the event of arrest or surrender before the court below within one month from today, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri Uday Pratap, Judicial Magistrate, 1st Class, Gopalganj in connection with Complaint Case No. 250 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Upadhyay, J) uday/- U