Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11229 of 2016 Arising Out of PS.Case No. -485 Year- 2014 Thana -BUXAR District- BUXAR ====================================================== Deepak Kumar, son of Birendra Singh, resident of Village- Basahi, P.S.- Rajpur, District- Buxar, at present Niranjanpur, P.S.- Buxar (Industrial Area), District- Buxar.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ravindra Kumar, Advocate For the Opposite Party : Mr. Kumar Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Buxar (Town) P.S. Case No.485 of 2014 for the offences instituted under Sections 341, 323, 504, 406, 420 and 379/34 of the Indian Penal Code.
The prosecution case, in brief, is that one Pramod Kumar Thakur, son of Late Sidhnath Thakur gave a typed written report before the S.H.O., Buxar Town P.S. stating that he was valid registered owner of the two Tata trucks bearing registration no.BR-GB-7510 and other truck bearing registration no.BR-044G0596 and executed an agreement with Deepak Kumar son of Birendra Singh in respect to sale the truck no.BR-044-0596 and hand over the same to the petitioner and it was agreed between both parties that petitioner will pay Rs.4,51,000/- in cash to him
Patna High Court Cr.Misc. No.11229 of 2016 (2) dt.02-05-2016 2/2 and Rs.62350/- cash of 42 installments will also paid to the insurance company. Further it is stated that petitioner at the time of execution of said agreement, petitioner is said to have paid Rs.1,51,000/- cash.
It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The matter relates to hire and purchase of the truck in question. Prior to institution of the present case vide Annexure-2, a case was instituted by the petitioner against the informant and others. The truck in question is in possession of the informant.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, 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 Chief Judicial Magistrate, Buxar, in connection with Buxar (Town) P.S. Case No.485 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) N.H./- U T