Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1161 of 2022 Arising Out of PS. Case No.-1027 Year-2020 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== NIRANJAN KUMAR Son of Sri Munna Prasad @ Munindra Kumar Resident of Village - Khapura, P.S. - Kako, Distt. - Jehanabad. ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kumari Sujata Sinha For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Complaint Case No. 1027(C)/2020 registered for offence punishable under sections 420 and 406/34 of the Indian Penal Code.

As per allegation, the petitioner and co-accused Bittu Kumar @ Amit Kumar entered into an agreement with the complainant to sell their Innova vehicle for a consideration money of Rs.7,01,000/-. The complainant made payment of Rs.3,75000/- in advance, but they did not hand over that vehicle to him.

Patna High Court CR. MISC. No.1161 of 2022(2) dt.03-08-2022 2/2 The learned counsel for the petitioner has submitted that there is no written agreement. There is no documentary evidence to show that there was an agreement to sell the alleged Innova vehicle in favour of the complainant. He has also submitted that though the petitioner has a criminal antecedent, but it was not of the similar nature of this case. Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Danapur in connection with Complaint Case No. 1027(C)/2020, subject to condition as laid down under section 438(2) Cr. P.C.

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

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