Sudanshu Pandey @ Sudhanshu Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27254 of 2015 Arising Out of PS.Case No. -422 Year- 2013 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Sudanshu Pandey @ Sudhanshu Kumar Pandey Son of Late Ramanuj Pandey Resident of village - Jagay, P.S. Ekangar, District - Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjay Kumar Singh For the Opposite Party/s : Mr. B.N. Pandey(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-10-2015 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned Additional Public Prosecutor.

The petitioner apprehends his arrest in a case under Section 406, 420 and 120B of the Indian Penal Code. The informant alleged that petitioner, Sudhanshu Pandey, Kaushal Sharma and Madan Sharma persuaded him to purchase a tractor from Jai Ambey Tractor Agency. They were the agents of the Agency. The owner of the Agency, Abhay Sharma, after receiving money handed over the tractor and called the informant on the next date with tractor for delivery of Thrasher and insurance of the tractor but his tractor was missing. It appears that owner of the Tractor Agency, Abhay Sharma, took money and he kept the tractor with him. There is no allegation against the petitioner that he ever received money or

Patna High Court Cr.Misc. No.27254 of 2015 (3) dt.09-10-2015 2/2 cheated the informant.

On the other hand, the learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submitted that petitioner was agent and he is also involved in the cheating.

It appears that there is no allegation against the petitioner that he ever received any money from the informant or in any way cheated the informant rather owner of the Tractor Agency took money from the informant and he got the tractor missing from the shop.

Considering the facts aforesaid and the nature of allegations made against the petitioner, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in Jehanabad P.S. Case No. 422 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T