Ram Krishna Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20770 of 2018 Arising Out of PS. Case No.-830 Year-2017 Thana- NAWADA District- Nawada ====================================================== Ram Krishna Vishwakarma S/o late Mishri Mistri, R/o Village- Bareo, P.S.- Akbarpur and District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Kumar For the Opposite Party/s :

Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-06-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Nawada Town P.S. Case No. 830 of 2017, registered for the offence punishable under Sections 402 and 406 of the Indian Penal Code.

The allegation is that some persons had applied for loan for harvester in the S.B.I. Branch of Nawada in which the quotation was submitted, issued by the petitioner, showing the price of harvester to be a sum of Rs. 19 lakhs approximately. Thereafter, the loanee had mortgaged the agricultural land with the bank and then, the Bank had transferred a sum of Rs. 14,000,00/- in the account of M/s Saroj Construction Trading, whose proprietor is the petitioner

Patna High Court Cr.Misc. No.20770 of 2018(6) dt.28-06-2018 2/3 herein, however, the petitioner failed to deliver the harvester to the informant herein.

The learned counsels appearing on behalf of the petitioner and the informant have submitted that a compromise has been entered into and the petitioner has supplied the harvester to the informant, however, the papers regarding the same has not been executed since the petitioner is in custody. In such view of the matter, the learned counsel for the petitioner submits that the petitioner undertakes to execute the necessary papers so that the said harvester can be transferred and registered in the name of the informant. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Nawada in connection with Nawada Town P.S. Case No.830 of 2017.

It is further directed that in case, the necessary papers are not executed by the petitioner so as to enable the informant of this case to obtain proper registration of the harvester, the

Patna High Court Cr.Misc. No.20770 of 2018(6) dt.28-06-2018 3/3 informant would be free to approach before this Court for cancelling the bail of the petitioner herein. (Mohit Kumar Shah, J) ajay gupta/- U T