Amit Singh @ Amit Kumar And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.4519 of 2017 (2) dt.16-03-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4519 of 2017 Arising Out of PS.Case No. -362 Year- 2016 Thana -CHAPRA MUFFASIL District- SARAN ======================================================
1. Amit Singh @ Amit Kumar, Son of Vinay Kumar, Resident of MohallaShardanagar, P.S.- Rosera, District- Samastipur. At present Manager, Saraswati Component Motors Pvt. Ltd. Chandmari Road, P.S. Chapra, District- Saran.
2. Sunil Tripathi @ Sunil Pati Tripathi, Son of Late Sachidanand Tripathi, Resident of Village- Barpar, P.S.- Barpar, District- Debariya (U.P.) At present General Manager, Saraswati Component Motors Pvt. Ltd. Chandmari Road, P.S. Chapra, District- Saran.
3. Sunil Tiwari. Son of R.S. Tiwari Tribhuwan Gopal Enclave, Flat No. C2, IIne Floor Phase- 1st Finance Colony, P.O.- B.V. College, P.S.- Rajiv Nagar, Distt.- Patna, at present Manager (Finance) Saraswati Component Motors Pvt. Ltd. Chandmari Road, P.S.- Chapra, District- Saran. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh For the Opposite Party/s : Mr. Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Chapra Muffasil P.S. Case No. 362 of 2016, registered under Sections 323, 341, 420, 406, 467, 468 and 504/34 of the Indian Penal Code.
The accusation is that complainant purchased Suma Gold Jeep bearing registration no. BR 131P-8994 to the agency of Saraswati Component Motors Pvt. Limited, Chandmari Road, Chapra of the petitioners on taking the loan from Tata Motor Finance. Later on, he came to know that engine number and chassis
Patna High Court Cr.Misc. No.4519 of 2017 (2) dt.16-03-2017 number, which were entered in the owner book are different to the engine number and chassis number of the purchased vehicle. He informed to the petitioners to correct the mistake and also stopped to make re-payment of installment of loan but his Jeep was seized. Learned counsel for the petitioners submits that, in fact, due to non-payment of installments of loan, the vehicle, which was purchased by the informant on taking loan was seized by the Tata Motor Finance Company but with ulterior motive the present case has been lodged against the petitioners, who are the employees of Saraswati Component Motors Pvt. Limited, Chandmari Road, Chapra.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Chapra, Saran, in connection with Chapra Muffasil P.S. Case No. 362 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T