Ashok Kumar Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51698 of 2019 Arising Out of PS. Case No.-153 Year-2015 Thana- LADANIA District- Madhubani ====================================================== Ashok Kumar Raut, Son of Pulkit Raut Resident of Village- Chakdah, Near 13 No. Railway Gumati, P.S.- Rajnagar, District- Madhubani, Proprietor of Modern Vaishnavi Auto Mobile Gandhi Chowk Madhubani, P.S.- Madhubani, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ladaniya P.S. Case no. 153 of 2015, registered under Sections 406, 420, 467, 468 and 471/34 of the Indian Penal Code.

The accusation is that Ranjan Chaudhary approached the complainant/informant Jagarnath Sahni to purchase the tempo, on loan, from Vaisnavi Automobile assuring that he will manage the loan as he is agent. Thereafter, Ranjan Chaudhary accompanied him at the agency of petitioner i.e. Vaisnavi Automobile, where they obtained the signature of informant/complainant on some papers and asked him to

Patna High Court CR. MISC. No.51698 of 2019(2) dt.20-08-2019 2/3 deposit Rs. 50,000/-, while he approached Ranjan Kumar and petitioner on several occasions, but the tempo was not provided to him. Thereafter, all of sudden, a legal notice was received by the informant/complainant from Central Bank of India to the effect that he is not paying installment of loan of Rs. 1,90,000/-. Thereafter, complainant/informant approached the Manager of Central Bank of India and Ranjan Kumar and narrated the incident that he has not taken the said loan then Anil Kumar Das the then Branch Manager of Central bank of India informed that he is on the verge of retirement and after retirement he would return the aforesaid amount to the complainant/informant.

Learned counsel for the petitioner submits that petitioner is the proprietor of Vaisnavi Automobile and Ranjan Kumar and complainant/informant had come at his agency for purchasing the tempo on loan, but with ulterior motive, the petitioner has falsely been implicated in this case being the proprietor of Vaisnavi Automobile while he has no role for taking loan by the complainant/informant.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below

Patna High Court CR. MISC. No.51698 of 2019(2) dt.20-08-2019 3/3 within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Madhubani in connection with Ladaniya P.S. Case No. 153 of 2015, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T