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Patna High CourtCR. MISC./57733/2015bail granted

Rahul @ Rahul Kr. Verma @ Rahul Kumar Verma v. The State Of Bihar

2016-01-13Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57733 of 2015 Arising Out of PS.Case No. -125 Year- 2013 Thana -FORBESGANJ District- ARRARIA ====================================================== Rahul @ Rahul Kr. Verma @ Rahul Kumar Verma S/o Subodh Kumar Das, Resident of village- Kharhiya Basti Ward No. 13, P.S. & District- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. C.Sen Pd.Singh(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-01-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Forbesganj P.S. Case No. 125 of 2013 registered for offences punishable under Sections 406 and 120(B) of the Indian Penal Code.

The prosecution case, in brief, is that the informant has purchased a Magic vehicle on loan and he used to deposit the EMI of his vehicle to Accused Nos. 1 and 2, but in spite of demand, they had not granted any receipt for the said payment. It is further alleged that Accused Nos. 1 and 2 had taken away the vehicle of the informant while it was standing on Subhash Chowk and on protest accused Nitesh pushed him. All the documents relating to

Patna High Court Cr.Misc. No.57733 of 2015 (2) dt.13-01-2016 2/2 the vehicle were in the vehicle.

The present Forbesganj P.S. Case No. 125 of 2013 has been registered on the basis of Complaint Case No. 746C of 2013. In the said complaint case, the date of occurrence is said to be 27.11.2012, but the complaint was lodged on 08.03.2013, i.e., after a delay of nearly four months. It has further been submitted by the learned counsel for the petitioner that the matter relates to civil dispute and that petitioner has clean antecedent, as is evident from paragraph 3 of this petition and has been falsely been implicated in the present case.

Be that as it may, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 125 of 2013, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

(Nilu Agrawal, J.) Arjun/- U T