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Patna High CourtCR. MISC./38105/2016bail granted

Vikash Rai @ Vikash Kr. Rai v. The State Of Bihar

2016-09-09Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 38105 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -BUDDHA COLONY District- PATNA ====================================================== Vikash Rai @ Vikash Kr. Rai, Son of Sri Ramji Ray, R/o Village - Sailash, P.S. - Kochas, District - Rohtas (Bihar).

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Nityanand Tiwary Mr. Akhileshwar Pd. Singh, Sr.Adv.

Mrs. Mira Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

09-09-2016 Heard Sri Manoj Kumar, learned counsel for the petitioner, learned Addl. Public Prosecutor as well as Sri Akhileshwar Prasad Singh, learned senior counsel who was assisted by Smt. Mira Kumari, learned counsel, who has voluntarily appeared on behalf of informant.

The sole petitioner, apprehending his arrest in Budha Colony P.S. Case No. 52 of 2016 registered for offence under Sections 406, 420, 506 & 34 of the Indian Penal Code, has prayed for grant of bail in the event of his arrest or surrender. It was submitted by learned counsel for the petitioner that as per agreed amount, the petitioner had purchased car of the informant and payment was made, however; at the time of transfer of the vehicle in question, dispute arose by the informant.

Patna High Court Cr.Misc. No.38105 of 2016 (2) dt.09-09-2016 2/2 Learned senior counsel appearing on behalf of informant opposing the prayer submits that the sale amount of the vehicle was agreed to Rs. 3,00,000/- (three lacs), however; only Rs. 25,000/- (twenty five thousand) was paid and thereafter, despite repeated remainders, nothing was paid to the informant and lastly, the informant was threatened by the accused persons. However, considering the nature of accusation and dispute, the Court is of the opinion that it is a fit case for extending the privilege of anticipatory bail.

Accordingly, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Vikash Rai @ Vikash Kr. Rai 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 learned Chief Judicial Magistrate, Patna in connection with Budha Colony P.S. Case No. 52 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) Anay U T