Amod Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82299 of 2019 Arising Out of PS. Case No.-495 Year-2018 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Amod Kumar Singh, Son of Late Yogendra Singh @ Yogendra Singh Chandravanshi Resident of Village - Chandragarh, P.S.- Navinagar, DistrictAurangabad (Bihar) ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Vikash Kumar Singh Son of Late Narendra Kumar Singh Resident of Mohalla - Maharan Pratap Nagar, New Area Aurangabad, Permanent Resident of Village - Raghualiya, P.S.- Feshar, District- Aurangabad (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogendra Kumar For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Aurangabad Complaint Case No. 495 of 2018 for the offence under Sections 504, 406 and 420 of the I.P.C. The accusation is that complainant/O.P. No.2 wanted to purchased Scorpio vehicle, in the meantime, petitioner Amod Kumar Singh also suggested him to purchase the same saying that the same would be useful for him in Mukhiya election and he also handed over cheque of Rs. 15,000/-, as help, but the same became dishonoured due to

Patna High Court CR. MISC. No.82299 of 2019(3) dt.29-06-2020 2/3 insufficient fund. Thereafter, complainant/O.P. No.2 purchased Scorpio vehicle and the same was taken by the petitioner on 20.01.2017 on fair of Rs. 25,000/- per month in presence of witnesses Randhir Kumar Singh and Chandan Kumar Singh and for which an agreement was also prepared on Rs. 100/- non-judicial stamp. After completion of Mukhiya election, the complainant/O.P. No.2 made demand fair of the vehicle then petitioner showed his poor economic condition due to expenses in Mukhiya election. Later on, on 12.02.2018, complainant/O.P. No.2. went at the house of petitioner for taking his vehicle then saw his Scorpio vehicle was lying there in damaged condition then he asked to the petitioner about giving money of Rs.

3,25,000/- as fair of the vehicle and also made complaint about damaging the vehicle then petitioner became annoyed saying that he is Mukhiya and he has not given money to anyone and, now, the work of his vehicle has been finished then, anyhow, he moved from there with damaged vehicle, while, later on, complainant/O.P. No.2 sent notice to the petitioner, but, no any response has been given by the petitioner.

Learned counsel for the petitioner submits that petitioner and complainant/O.P. No.2 are friends and due to

Patna High Court CR. MISC. No.82299 of 2019(3) dt.29-06-2020 3/3 some misunderstanding the present Complaint Case No. 495 of 2018 has been lodged with false allegation. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Aurangabad in connection with Complaint Case No. 495 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T