Subodh Kumar @ Subodh Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45983 of 2017 Arising Out of PS.Case No. -177 Year- 2015 Thana -MADHEPURA COMPALINT CASE DistrictMADHEPURA ====================================================== Subodh Kumar @ Subodh Yadav, Son of Vidyanand Yadav, Resident of Village - Belo, Police Station - Murliganj, District - Madhepura. .... .... Petitioner

Versus

1. The State of Bihar.

2. Sushil Das, S/o Bisheshwar Das, R/o Village - Rahua, P.S.- Sour Bazar, District - Saharsa.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Ms. Reebha Kumari, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 03-10-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Complaint Case No.177 of 2015 in which cognizance has been taken under Sections 420, 406, 467, 468, 471, 323 and 379 of the Indian Penal Code.

Considering the allegation made in the complaint that the petitioner had sold an auto rickshaw to the son of the

Patna High Court Cr.Misc. No.45983 of 2017 (2) dt.03-10-2017 informant after taking consideration amount of Rs.65, 000/- and swore an affidavit before the Notary Public stating therein that there is no charge on vehicle, but later on, the recovery agent of the Financer took away the vehicle, as the petitioner did not repay the borrowed amount, I am not inclined to grant him prearrest bail. Accordingly, the application for grant of pre-arrest bail is rejected.

In case the petitioner surrenders and seeks bail, the same shall be considered on its own merit without being prejudiced by the order of this Court.

(Ashwani Kumar Singh, J.) Sanjeet/- U T