Patna High CourtCR. MISC./15345/2017bail granted

Ashok Jha v. The State Of Bihar

2017-03-29Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15345 of 2017 Arising Out of PS.Case No. -125 Year- 2016 Thana -RAHIKA District- MADHUBANI ====================================================== Ashok Jha Son of Talevar Jha, Resident of Village- Bisaul , P.S.- Harlakhi, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Soban Asghar For the Opposite Party/s : Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 29-03-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner seeks bail in connection with Rahika P.S.Case No.125 of 207 registered under Sections 341,323, 406, 504 and 392 of the I.P.C.

Accusation of the complainant, in brief, is that the petitioner and the complainant were prior engaged in business transaction with each other and in course of which the complainant gave Rs.2,30,000/- to the petitioner on the condition to return back but the said money was not returned and he also got the truck of the complainant stopped on the road by some unknown persons and taken away the same.

The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.15345 of 2017 (2) dt.29-03-2017 2/2 the petitioner and the complainant were engaged in some business transaction with each other and the allegation of taking the truck is false and fabricated. The petitioner has also lodged a Complaint Case No.1017/16 against the informant of this case relating to committing breach of trust. Moreover Charge sheet has been submitted in this case only under Sections 341, 323, 386, 504 and 34 of I.P.C. and not under Sections 406 and 392 of I.P.C. Petitioner is in custody since 13.12.2016 and has no criminal antecedent except one case under Excise Act.

Having considered the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the A.C.J.M.- 1, Madhubani, in Rahika P.S. Case No.125 of 2016. (Arun Kumar, J) AnilKrSinha/- U