Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34206 of 2024 Arising Out of PS. Case No.-29 Year-2023 Thana- VIDYAPATINAGAR District- Samastipur ====================================================== Santosh Kumar Son of Late Satendra Ray R/O - Village Navtole Tara, P.OBarohna, P.S- Vidyapatinagar, Dist- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ranjeet Kumar R/O Kewta ward no. 02 P. S Dalsinghsarai, District Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP Mr. Lakshmindra Kumar Yadav, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party No. 2.

2. The petitioner apprehends his arrest in connection with Vidyapatinagar P.S. Case No. 29 of 2023 registered under Section 392 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per F.I.R., this petitioner along with other accused persons on the point of gun snatched the Scorpio car from informant, and thereafter they fled away.

4. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.34206 of 2024(4) dt.18-09-2024 2/3 submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that the present case has been lodged after an inordinate delay of 6 months without any plausible explanation. As a matter of fact, informant had purchased the Scorpio car from petitioner, and fraudulently transferred the ownership in his name without paying the price. When petitioner demanded the price of said car, then informant issued a cheque of Rs. 4,50,000/- which was bounced due to insufficient fund. Thereafter, petitioner filed a complaint petition against informant, and in retaliation this false and concocted case has been lodged.

5. Learned A.P.P. for the State and learned counsel for the opposite party No. 2 opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case as well as delay in lodging F.I.R., let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-I, Dalsinghsarai, Samastipur in connection with Vidyapatinagar P.S. Case No. 29 of 2023,

Patna High Court CR. MISC. No.34206 of 2024(4) dt.18-09-2024 3/3 subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T