Kaushal Kumar @ Kaushal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57433 of 2015 Arising Out of PS.Case No. -422 Year- 2013 Thana -JAHANABAD District- JEHANABAD ====================================================== Kaushal Kumar @ Kaushal Sharma Son of Sri Baban Sharma, resident of Village- Imalia, Police Station- Kako in the district of Jehanabad. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sushant Kumar, Mr. Sunil Kumar, Advocates For the State : Mr. Shantanu Kumar, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 20-01-2016 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in a case filed under Sections 406,420/120(B) of the Indian Penal Code. As per the allegation, Sudhanshu Pandey, Kaushal Sharma @ Kaushal Kumar (Petitioner) and Madan Sharma persuaded the informant to purchase a tractor from Jai Ambay Tractor Agency. The owner of the Agency, namely, Abhay Sharma, after receiving money handed over the tractor and called the informant on the next date with tractor for delivery of Thrasher and insurance of the tractor but his tractor gone missing. However, it is contended that there is no allegation against the petitioner that he has received money or cheated the informant though, as per

Patna High Court Cr.Misc. No.57433 of 2015 (2) dt.20-01-2016 2 / 2 allegation, he was agent of the Agency. It is further contended that co-accused, Sudanshu Pandey @ Sudhanshu Kumar Pandey, who is on identical footing, has already been granted anticipatory bail vide order dated 9.10.2015 passed in Cr. Misc. No.27254/2015 (Annexure 2).

Having regards to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in Jehanabad P.S. Case No.422 of 2013, the above named petitioner, Kaushal Kumar @ Kaushal Sharma shall be released on bail on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.

(Dr. Ravi Ranjan, J) Sanjay-II/- U T