Kumar Abhay Parmar @ Abhay Parmar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70092 of 2021 Arising Out of PS. Case No.-223 Year-2018 Thana- UDWANTNAGAR District- Bhojpur ====================================================== KUMAR ABHAY PARMAR @ ABHAY PARMAR S/o Alakh Narayan Singh R/o Mainpura Saguna More, P.S.- Danapur, District - Patna the then Branch Managar, Shriram Transport Finance Co. Ltd., Ara Branch. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner apprehends his arrest for the offences alleged under Sections 379, 386, 420, 406, 120B, and 34 of the Indian Penal Code, registered in connection with Udwantnagar (Gajrajganj) P.S.Case No. 223 of 2018. The petitioner was the then Branch Manager of Shriram Transport Finance Company Ltd. Ara Branch and the complainant is the borrower. The complainant borrowed Rs.5,00,000/- to purchase a truck. The allegation is that despite

Patna High Court CR. MISC. No.70092 of 2021(2) dt.29-07-2022 2/3 payment of four instalments, total Rs.88,000/- was paid to the Finance Company, the truck of the petitioner was forcibly taken away and was parked in the premises of the Finance Company. There is also allegation that when the complainant asked the accused persons as to why they were doing so, he was badly assaulted and the accused persons forcibly took away Rs. 8000/- from his pocket.

The learned counsel for the petitioner has submitted that Shriram Transport Finance Company Ltd. is a reputed Micro Finance Company and the entire allegation is false and frivolous. He has submitted further that the petitioner was not present in the truck. As a matter of fact, due to non-payment of the loan taken by the complainant, the ownership of the truck is still in favour of the Finance Company.

Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, 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 Chief Judicial Magistrate, Bhojpur in connection with Udwantnagar (Gajrajganj) P.S.Case No. 223 of 2018, subject to the conditions as laid down under Section

Patna High Court CR. MISC. No.70092 of 2021(2) dt.29-07-2022 3/3 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T