Manoj Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49013 of 2018 Arising Out of PS. Case No.-2627 Year-2017 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Manoj Singh Son of late Brahma Singh, Resident of Village/MohallaGhorwahiya Kothi, Tarwara More Siwan, Proprietor Brahma Motor Private Limited, P.S. Sarai (O.P.), District- Siwan.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dilip Singh, S/o. Late Daroga Singh, R/o. Village- Ram Nagar Aandar Dhala, P.S. Siwan Town, District Siwan.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arbind Kumar, Advocate For the Opposite Party/s :
Mr. Arun Kumar Singh -5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-11-2018 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 420/406/423/478/120B/504/506 of the Indian Penal Code. One Promila Singh had lodged Mogra P.S. Case No.224 of 2016 on 12.07.2016 against the complainant of this case and this petitioner alleging therein that she had sold her Chevrolet vehicle bearing No. BR-28A/6606 to the petitioners and the consideration money paid by the petitioners through cheque bounced. As such the complainant found to be cheated by the petitioner. On 17.02.2017 the said car bearing registration No. BR-28A/6606 was recovered from the possession of the complainant of this case Dilip Singh vide
Patna High Court Cr.Misc. No.49013 of 2018(6) dt.26-11-2018 2/2 seizure list enclosed along with the supplementary affidavit. Thereafter, the present complaint case was filed in the month of December, 2017 alleging therein that the petitioner had cheated to the complainant in the transaction of sale of the same vehicle. Considering the background of the allegation and material on the record that the recovery of the vehicle was made from the possession of the complainant of this case prior to the filing of the present complainant case, 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 Trial No. 1483 of 2018 arising out of Complaint Case No. 2627/2017, 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