Prabhash Kumar @ Chhotu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17748 of 2022 Arising Out of PS. Case No.-416 Year-2020 Thana- BANKA District- Banka ====================================================== Prabhash Kumar @ Chhotu Yadav Son Of Ajit Kumar Yadav @ Sri Ajit Yadav @ Ajit Prasad Yadav Resident Of Village - Jagatpur, Ward No.26, P.S.- Banka, Distt.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 406 of the Indian Penal Code.

Allegedly, the informant sought for the rent of the tractor and the trailor given on rent to the petitioner but neither he is ready to give rent nor to return the said machine. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that petitioner had purchased the offended tractor from the informant by paying him Rs.2,80,000/- in cash which the informant affirmed on oath before the Notary Public,

Patna High Court CR. MISC. No.17748 of 2022(3) dt.14-11-2022 2/2 Banka and also handed over Owner Book to this petitioner for smooth and uninterrupt plying of the said vehicle and also he assured to this petitioner that other formalities in respect of this sale will be completed by him promptly but the informant did not turn up in future to get the aforesaid transactions completed validly.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Banka in connection with Banka P.S. Case No. 416 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T