Patna High CourtCR. MISC./20699/2017bail granted

Rajesh Kumar Khowala v. State Of Bihar And ANR

2017-05-11Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20699 of 2017 Arising Out of PS.Case No. -2385 Year- 2010 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Rajesh Kumar Khowala Son of Lakhi Khowala @ Lakhi Prasad Khowala, Resident of Village/ Mohalla- Casta Town Satami Bhawan near Bazia Chowk, P.S.- Deoghar, District- Deoghar, Jharkhand. .... .... Petitioner

Versus

1. The State of Bihar.

2. Durga Prasad, Son of Sri Dhanu Ram, Resident of Sabar Chak Hatta, P.S.- Chowk, District- Patna Presently at - Durga Transport, Kankarbagh Road, P.S.- Patrakar Nagar, District- Patna.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Manish Kumar No-2, Adv. For the Opposite Parties : Mr. S.M. Rahman, APP 57 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-05-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Section 406 of the Indian Penal Code. The complainant has lend his truck to the petitioner for commercial purpose on rent of Rs.10,000/- per month. The rent was allegedly not paid nor the truck was given back.

Submission of the petitioner is that is that both were business partners and for the dispute relating to partnership false allegation is there. The petitioner has never taken the truck of the complainant on hire or otherwise.

Patna High Court Cr.Misc. No.20699 of 2017 (2) dt.11-05-2017 2/2 Considering the aforesaid fact, the petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 2385(C) of 2010 to the satisfaction of Smt. Smita Raj Judicial Magistrate, 1st Class, Patna, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code.

(Birendra Kumar, J) SA/- U √ T √