Patna High CourtCR. MISC./35670/2018bail granted

Vicky Kumar And ANR v. The State Of Bihar

2018-06-29Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35670 of 2018 Arising Out of PS.Case No. -42 Year- 2018 Thana -BAUNSI District- ARRARIA ======================================================

1. Vicky Kumar, Son of Suresh Singh,

2. Suresh Singh, Son of Late Bechan Singh, Both are resident of Gunwanti Mill Chowk Chouhan Tola, Police StationBounsi, District- Araria. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 29-06-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Baunsi P.S. Case No.42 of 2018 registered under Sections 420, 467, 468, 504 and 120B of the Indian Penal Code. It has been submitted by the learned counsel for the petitioners that even if the allegations made in the first information report are believed to be true, no offence as alleged would be made out. He submitted that merely because the

Patna High Court Cr.Misc. No.35670 of 2018 (2) dt.29-06-2018 petitioners failed to pay the loan amount to the finance company, it cannot be said that he committed any forgery or forgery for the purpose of cheating.

On the other hand, learned counsel for the State submitted that the petitioners had purchased an Indica car from the financer and agreed to pay loan amount to the finance company but neither they paid the loan amount nor returned the same.

Be that as it may, considering the nature of allegation and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Araria in connection with Bounsi P.S. Case No. 42 of 2018 subject to the conditions as laid down under Section 438(2) Cr. P.C.

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