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Patna High CourtCR. MISC./48033/2014rejected

Mohammad Masuk @ Masuk Akbar Ansari v. The State Of Bihar

2015-08-24Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48033 of 2014 Arising Out of PS.Case No. -175 Year- 2013 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Mohammad Masuk @ Masuk Akbar Ansari Son of Ali Akbar, Resident of Village + Post - Tisiauta, Police Station - Tisiauta, District- Vaishali, at present C/o Persuram Daryani, Santaji Nagar, Near Hanuman Temple, Bhadrawati, Chandrapur, Bhadrawati, Maharashtra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Zainul Abedin For the Opposite Party/s : Mr. Md.A.Haque Sahara(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 24-08-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a Complaint Case No. 175C/2013 registered under sections 406, 420 of the Indian Penal Code and 138 of the N.I. Act. Learned counsel for the petitioner submits that the allegation made by the complainant is not correct as there has been no transaction between the parties and the petitioner has not taken a truck on hire from the complainant. Learned counsel for the complainant submits that for the first few months the complainant made payment after hiring the truck but from February onwards he made stop payment

Patna High Court Cr.Misc. No.48033 of 2014 (5) dt.24-08-2015 2/2 and thereafter he issued a cheque for payment of the dues but the said cheque could not be honoured.

Considering the facts and circumstances of the case and after hearing the parties, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Anjana Mishra, J) M.Rahman/- U T