Niranjan Kumar Paswan @ Pawan Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.23995 of 2015 (2) dt.06-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23995 of 2015 Arising Out of PS.Case No. -70 Year- 2015 Thana -BAKHRI District- BEGUSARAI ======================================================

1. Niranjan Kumar Paswan @ Pawan Paswan son of Sri Narayan Paswan, resident of village- Sonma, P.S.- Bakhri, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. B.N.Panday(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is in custody in a case registered under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code. The prosecution case in, brief, is that the informant alleged that the accused petitioner was ready to sale his maxima Savari Vehicle bearing registration No. BR-09M-1956 to informant and informant was ready to purchase the same and Rs. 2,25,000/- was consideration amount and both parties agreed on this consideration amount. On same day informant paid said consideration amount at the house of the accused petitioner. After receiving the consideration amount of Rs. 2,25,000 the petitioner was handed over a written paper about accepting consideration amount to the informant and told him that within a week, he will get transfer the vehicle and handed over paper to him. It has been

Patna High Court Cr.Misc. No.23995 of 2015 (2) dt.06-07-2015 further alleged that on 5.6.2014 this petitioner handed over to informant the sale letter in respect of above vehicle, affidavit, identity card, owner book form- 29-30. Thereafter informant went to D.T.O. Office where he knew that bank due is lying upon said vehicle and when the informant asked the accused petitioner about the bank dues, the petitioner did not give importance of this fact. Next date a Panchayati was also held but without any result. The informant alleged that petitioner cheated of Rs. 2,25,000/-. It has been submitted on behalf of the petitioner that it is a case and counter case. It is further submitted that the counter case is Annexure 2 to the present application, which is filed earlier to the present case. The petitioner is in custody since 8.4.2015. On behalf of the State and the informant it is submitted that the petitioner is named in the FIR.

Considering the facts aforesaid, let above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in Bakhri P.S.Case No. 70 of 2015.

(Sudhir Singh, J) singh/- U T