Vijay Kumar Ray v. The State Of Bihar
Patna High Court Cr.Misc. No.17104 of 2016 (4) dt.17-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17104 of 2016 Arising Out of PS.Case No. -82 Year- 2015 Thana -PATNA CITY CHOWK District- PATNA ====================================================== Vijay Kumar Ray, S/o- Akshyabat Ray, resident of Mohalla - Vijay Nagar, Lok Nayak Path, E/12, Hanuman Nagar, P.S. Patrakar Nagar, District - Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Parmeshwar Mehta(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-05-2016 Heard learned counsel for the petitioners and the learned counsel for the informant as well as the learned counsel appearing on behalf of the State.
The petitioner apprehends his arrest in connection with Chowk P.S. Case No. 82 of 2015 for the offences registered under Sections 420,406, 467, 468, 471 and 504/34 of the Indian Penal Code.
Leaned counsel for the petitioner submits that though there was an agreement between the petitioner and the informant regarding taking over hypothecated vehicle which the informant had taken on loan from the bank, the petitioner has not indulged in any mal practice and has paid a total amount of Rs. 4,31,600/- to the informant. It is further submitted that the aforementioned amount was directly paid into the informant's
Patna High Court Cr.Misc. No.17104 of 2016 (4) dt.17-05-2016 loan account which stands testified by the entries made in the said account between the date 30.09.2013 to 30.05.2015. It is further submitted that Annexure-2 itself indicates that the petitioner had deposited the same in the account of Md. Alauddin (loan Account No. 0600300020961). The agreement entered into between the parties on 23.12.2013 and therefore, the allegation made by the informant is purely frivolous and misconceived.
Considering the facts and circumstances of the case and also the fact that the petitioner has got no criminal antecedent, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Patna in connection with Chowk P.S. Case No. 82 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) Jagdish/- U T