Vinay Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55652 of 2015 Arising Out of PS.Case No. -185 Year- 2015 Thana -DAUDNAGAR District- AURANGABAD ====================================================== Vinay Singh Son of : Late Madheshwar Singh Resident of Village : Saharsa, P.S. Uphara, District : Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Dhirendra Kumar Son of Late Gopal Singh Resident of Village : Makbulpur, P.S. Haspura, District : Aurangabad, Present Address : R.D. & Company Daudnagar, Aurangabad Road, P.S. -Daud Nagar, District : Aurangabad.

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

For the Petitioner/s : Mr. Dudh Nath Singh, Adv. For the Opposite Party/s : Mr. A.L. Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-12-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

It is alleged that the petitioner purchased a Sonalika tractor from the informant's tractor agency namely M/s R.D & Co. for consideration amount of `5,33,000/-. Initially, the petitioner paid `8,000/- cash and issued a cheque but the said cheque got bounced, thereafter the petitioner further deposited `25,000/- and assured that the rest amount will be deposited by cheque and subsequently issued a cheque of `5 lac but the same also got

Patna High Court Cr.Misc. No.55652 of 2015 (2) dt.08-12-2015 2/2 bounced.

It is submitted by learned counsel for the petitioner that the petitioner is making payment of the installments regularly. Considering the nature of accusation, let the above named petitioner be released on provisional anticipatory bail for four months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 185 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Let the learned court below issue notice to the informant and if the petitioner deposits the entire consideration amount with interest, if any stipulated in the contract, then the provisional bail of the petitioner will be confirmed by learned court below. But if the petitioner fails to deposit the same, then the petitioner will surrender and pray for regular bail. (Dinesh Kumar Singh, J) Amrendra/- U T