Dinesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38127 of 2017 Arising Out of PS.Case No. -848 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Dinesh Kumar, Son of Late Ram Subhag Singh @ Late Ram Subhag Sah, Resident of Village - Nawadih, P.S. Indrapuri, District Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Satya Narayan Singh, S/o Sri Yugal Singh .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 406, 420 and 120B/34 of the Indian Penal Code.

The petitioner is in custody since 24.05.2017. Allegation is that the petitioner had taken a truck on loan from bank and on non-refund of loan installment, the vehicle was seized.

Learned counsel for the informant opposed the prayer for bail on the ground that in pursuance of order dated 11.10.2017, the matter was sent for reconciliation which failed. The informant under an agreement with the petitioner was plying

Patna High Court Cr.Misc. No.38127 of 2017 (4) dt.12-02-2018 2/2 the said truck.

Submission is that informant was cheated because he was never informed that the truck is under hypothecation.

Considering the nature of dispute which can be settled by a competent civil court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sasaram Town (Tilauthu) Police Station Case No. 848 of 2016, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T