Md Nauman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29841 of 2021 Arising Out of PS. Case No.-1564 Year-2013 Thana- COMPLAINT CASE District- Araria ====================================================== Md Nauman Son Of Late Shafique @ Mohammad Shafik R/O VillageMahiyarpur, P.S.- Kochadhaman, District- Kishanganj. ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Md. Imamuddin Son Of Late Haji Jamiruddin R/O Village- Pothiya, P.S.- Simraha, District- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Ziaul Quamar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-08-2022 Heard learned counsel for the petitioner, the State and opposite party no.2.

The petitioner apprehends their arrest in Complaint Case No. 1564C/2013, registered for the offences punishable under Sections 406, 417, 120B of the Indian Penal Code. The complainant alleged that Md. Noman (petitioner) came and persuaded him to purchase Scorpio Vehicle of the petitioners. On such the complainant paid Rs. 2,50,000/- to Md. Noman executed agreement of the vehicle in the favour of the complainant and thereafter he refused to transfer the said vehicle in the name of the complainant.

It is submitted on behalf of the petitioner that there is

Patna High Court CR. MISC. No.29841 of 2021(4) dt.16-08-2022 2/2 no allegation against the petitioner. He is not the real owner of the vehicle and the real owner is still ready to transfer the vehicle in the name of the complainant.

On the other hand, learned counsel for the complainant vehemently opposed the prayer for anticipatory bail of the petitioner. He submits that there is specific allegation against the petitioner that he took Rs.2.50 lacs and refused to transfer the vehicle.

Considering the specific allegation against the petitioner, his prayer for bail is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice. (Prabhat Kumar Singh, J) shashi/- U T