Patna High CourtCR. MISC./13238/2019dismissed

Santosh Kumar v. The State Of Bihar

2019-03-07Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13238 of 2019 Arising Out of PS. Case No.-1021 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Santosh Kumar, Son of Yadunandan Yadav, Resident of Village - Jaypura, P.O.- Bardaha, PS.- Ghailar, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Vikram, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP For the Informant : Mr. Satish Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-03-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Saharsa Sadar P.S. Case No. 1021 of 2018 registered for the offences punishable under Sections 420, 467, 468, 341 and 504/34 of the Indian Penal Code.

It appears on perusal of the records that the petitioners had sold one Scorpio vehicle in favour of the informant on the basis of a forged 'No Objection Certificate'. Learned counsel for the informant and the State submit that in this case the petitioner successfully played fraud upon the informant by inducing him to belief that the vehicle in question is not hypothecated to any financer. It is on this

Patna High Court CR. MISC. No.13238 of 2019(2) dt.07-03-2019 2/2 representation that the informant had paid a sum of Rs.6,65,000/- to the petitioner. The vehicle was also got transferred in favour of the informant, but later on it transpired that the said transfer was based on a forged 'No Objection Certificate' which was provided by the petitioner. In such circumstances, it is submitted that the prayer for anticipatory bail would not be fit to be allowed.

In the given facts and circumstances of the case wherein it is submitted on behalf of the informant and the State that the petitioner had induced the informant to purchase the vehicle and thereby received a sum of Rs.6,65,000/- from the informant by providing a forged 'No Objection Certificate', this Court is not inclined to grant anticipatory bail to the petitioner. The application is dismissed.

(Rajeev Ranjan Prasad, J) arvind/- U T