Upendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21118 of 2019 Arising Out of PS. Case No.-178 Year-2018 Thana- ROHTAS District- Rohtas ====================================================== Upendra Kumar, aged about 32 years, (M), Son of Sri Lal Babu Yadav, Resident of Village-Sheikhpura, P.S-Punpun, (at present P.S. Pipra), DistrictPatna temporary Address Tar Bangala Dihari, P.S.-Didari Nagar, DistrictRohtas. ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Ganesh Prasad Yadav, Advocate.

For the Opposite Party :

Mr.Arun Kumar Singh, A.P.P.

CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 420 and 379 of the IPC. The prosecution story, in brief, is that the informant purchased a Truck bearing No. UP-67T-6625. In February, 2018, the petitioner accused came at the house of informant and put proposal for operating the Truck in partnership for which partnership deed was prepared bears signatures of both petitioner and informant and according to partnership deed, it is decided that earning income was divided in equal share between

Patna High Court CR. MISC. No.21118 of 2019(2) dt.04-04-2019 2/3 the informant and petitioner and informant handed over his Truck to the petitioner but petitioner has not been made payment the income of Truck and now steal the Truck and on demanding flatly refused to say anything.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner and the informant have entered into business in respect of running a Truck in question. The matter relates to business dispute.

On behalf of the learned counsel for the State, has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six 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 the learned J.M.-cumMunsif, Dehri, Rohtas, in connection with Rohtas P.S. Case No. 178 of 2018, subject to the conditions as laid down under

Patna High Court CR. MISC. No.21118 of 2019(2) dt.04-04-2019 3/3 Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) U.K./- U T