Patna High CourtCR. MISC./10692/2016bail granted

Shambhunath Singh And ORS v. The State Of Bihar

2016-03-14Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10692 of 2016 Arising Out of PS.Case No. -465 Year- 2015 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Shambhunath Singh Son of Matuk Singh,

2. Sonu Singh,

3. Munna Singh, Both sons of Shambhunath Singh, All residents of village - Kuwarpur, P.S. - Pipra, District - East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Veena Rani Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-03-2016 Heard learned counsels for the petitioner and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 406, 506 and 504/34 of the Indian Penal Code.

The prosecution case is that the informant claims to have purchased a J.C.B. (a mechanical vehicle used for the construction purpose) from petitioner no.1, Shambhunath Singh on 25.04.2015 when petitioner no.1, Shambhunath Singh, petitioner no.2, Sonu Singh and petitioner no.3 and Munna Singh came and asked the informant to give JCB on monthly rent of `1.5 lakhs to which informant agreed and gave J.C.B. to the petitioner but thereafter neither rent was paid nor JCB was returned.

Patna High Court Cr.Misc. No.10692 of 2016 (2) dt.14-03-2016 2/2 It is submitted by learned counsel for the petitioners that there is nothing on record to suggest that J.C.B. was ever sold to the informant and the petitioners are the bona fide purchaser of the alleged JCB from one Ramesh Kumar and maliciously the present case has been lodged to extort money. A statement has been made in para 3 of the petition that the petitioners have no criminal antecedent.

Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., East Champaran at Motihari in connection with Sugalui P.S. Case No. 465 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T