Haidar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80316 of 2018 Arising Out of PS. Case No.-57 Year-2018 Thana- KOILWAR District- Bhojpur ====================================================== Haidar Ali Son of Ahmad Hussain, Resident of Village- Dudh Katora, Arrah, Police Station- Arrah Nagar, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Koilwar Police Station Case No. 57 of 2018, disclosing offences punishable under Sections 323, 341, 379, 420, 406, 504/34 of the Indian Penal Code.

It seems from the complaint petition, which is the basis for registration of the First Information Report, that the petitioner had purchased a Scorpio Vehicle against loan advanced by the Bank. Allegedly, he had sold the said vehicle initially to the informant's brother and subsequently to the informant, on the condition of payment of monthly installment in the Bank at the rate of Rs. 18,700/-. It is also alleged that the

Patna High Court Cr.Misc. No.80316 of 2018(3) dt.25-01-2019 2/3 informant's brother had given to the petitioner a sum of Rs. 4,05,000/- (four lakh five thousand) against purchase of the said vehicle, in addition to the assurance of payment of the installment amount, as indicated above. The said vehicle has, however, been seized by the financer bank. With the aforesaid allegation, the First Information Report has been registered. Learned counsel for the petitioner has submitted that no criminal offence, as mentioned in the First Information Report, can be said to be made out, on the basis of what has been alleged in First Information Report and it is basically a dispute of civil nature.

I find force in submission so advanced on behalf of the petitioner, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the Court below within six weeks, 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 the learned Chief Judicial Magistrate, Bhojpur at Arrah in connection with Koilwar P.S. Case No. 57 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall

Patna High Court Cr.Misc. No.80316 of 2018(3) dt.25-01-2019 3/3 present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Ashish/- U T