Amit Singh @ Amit Kumar Singh @ Amit Kumar Sigh @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51127 of 2023 Arising Out of PS. Case No.-1051 Year-2020 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

Amit Singh @ Amit Kumar Singh @ Amit Kumar Sigh @ Amit Kumar S/O Brij Kishor Singh R/O Village- Taraiya, Ps. Raraiya, Distt. Saran, Bihar, Permanent Address, Manager Aarna Automobiles Pvt. Ltd. Of Vill- N.H. 28 Bb Ganj Near Yashraj Motors Pvt. Ltd., PS. Bhagwanpur, Muzaffarpur. Pin842001 2.

Rahul Singh S/O Dipak Kumar Singh Proprietor, Aarna Automobiles Pvt. Ltd. Of Vill- N.H. 28 Bb Ganj Near Yashraj Motors Pvt. Ltd. PS. Bhagwanpur, Muzaffarpur. Pin-842001 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ravish Kumar S/O Late Hiralal Prasad R/O Village- Rajshee Jewelers Motihari, Main Road Loharpatti, Ps. Nagar Motihari, Dist. East Champaran, Bihar Pin 845401 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash Dwivedi, Advocate Mr. Rajni Kant, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 406, 420 of the Indian Penal Code.

3. Case of the complainant is that he transferred Rs. 1,25,000/- through R.T.G.S. to the bank account of Aarna Automobiles Pvt. Ltd., Muzaffarpur on 27.03.2020 for booking

Patna High Court CR. MISC. No.51127 of 2023(2) dt.18-08-2023 2/3 of vehicle under the scheme of the said company. But neither any vehicle was booked in the name of the complainant nor he received his money back. Petitioner No. 1 is Manager and petitioner No. 2 is Proprietor of Aarna Automobiles Pvt. Ltd., Muzaffarpur.

4. It is submitted that petitioners have falsely been implicated in this case in order to harass them and extort money from them. It is further submitted that Rs. 1,25,000/- (one lac twenty-five thousand) was received in the account of Aarna Automobiles Pvt. Ltd., Muzaffarpur and one Gautam Kumar, employee of the company, transferred Rs. 1,24,444/- (one lac twenty-four thousand four hundred forty-four) to State Transport Department, Muzaffarpur for registration of the vehicle. Accordingly, the vehicle in question got registered before the cut off date issued by the Government of India and as such, petitioners have not committed any fraud. Petitioners have got clean antecedent.

5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.51127 of 2023(2) dt.18-08-2023 3/3 thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Motihari, East Champaran in connection with Complaint Case No. C-1051 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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