Patna High CourtCR. MISC./46315/2018bail granted

Birendra Kumar Singh @ Birendra Kumar v. The State Of Bihar

2018-09-28Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46315 of 2018 Arising Out of PS.Case No. -4 Year- 2017 Thana -BIHRA District- SAHARSA ======================================================

1. Birendra Kumar Singh @ Birendra Kumar Son of Late Kunwar Jee @ Master Saheb, resident of Village - Parsauni, Parsarma P.S. & District - Supaul.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madhav Jha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379/406/419/420 of the Indian Penal Code.

According to FIR, the petitioner had agreed to purchase motorcycle of the informant and under that agreement Rs.1100/- was paid and took away the motorcycle. However, did not pay the remaining amount.

Submission is that entire allegation is false one. The informant cannot produce owner book of the motorcycle nor ever the petitioner had taken the motorcycle. For dispute relating to payment of cost of coal purchased from the petitioner,

Patna High Court Cr.Misc. No.46315 of 2018 (4) dt.28-09-2018 P2/ who is a businessman, false case has been lodged. The petitioner has got no criminal antecedent.

Considering the aforesaid fact, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Bihra Police Station Case No.4 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T