Pappu Kumar Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7764 of 2017 Arising Out of PS.Case No. -39 Year- 2016 Thana -HALSI District- LAKHISARAI ====================================================== Pappu Kumar Sah, Son of Late Shankar Sah, Resident of Village- Khairma, P.S.+District- Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Parmanand Mahto, Son of Mathura Mahto, Resident of Village- Rata, P.S.- Halsi, District- Lakhisarai.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Halsi P.S. Case No. 39 of 2016 for the offences punishable under sections 406, 420 and 120 (B) of the I.P.C.

Allegedly, the petitioner committed breach of trust by not providing the owner book of the Scorpio which he has sold with the complainant after receiving the amount of Rs. 1,00,000/- though legal notice was also sent.

Submission is of false implication and that the petitioner has purchased the said vehicle from Tabrez Ali Khan

Patna High Court Cr.Misc. No.7764 of 2017 (2) dt.03-03-2017 2/2 who resides in Punjab, the petitioner's name was also not registered and he was using the Scorpio only on the basis of the owner book standing in the name of Tabrez Ali Khan, regarding transfer of the owner book the same is in process and it is likely to be completed very soon, no offence under sections 420 and 406 of the I.P.C. is made out and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. Sri R. Das, J.M. 1st Class, Lakhisarai in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T