IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.36918 of 2011
Sanjay Singh son of Ram Naresh Singh,
Resident of village-Rabiya, P.S.-Sirdala,
District-Nawada.
Versus
The State of Bihar
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2. 9.11.2011. Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner apprehends his arrest in connection with a
case in which cognizance of the offence punishable under section
420 of the Indian Penal Code has been taken.
It is stated that even from the admitted facts of the case,
no case under section 420 of the Indian Penal Code would be made
out. Admittedly, the petitioner is said to have paid Rs.63,500/- in
lieu of the vehicle alleged to have been sold to him. The contention
is that the petitioner failed to make payment of rest of the amount
i.e. Rs.23,000/-. Even if the same is accepted to be true, though not
being admitted, would not tantamount to the fact that there was an
intention to deceive the complainant right from the beginning which
is an essential ingredient for attracting an offence punishable under
section 420 of the Indian Penal Code. It is further submitted that
though cognizance of the offence was taken on 28.12.2007, no
summons or warrant was ever served upon the petitioner in this
case. He came to know regarding the case only on 7.9.2011, when
the police came to his house. Registration of vehicle could not be
made in the name of the petitioner due to the fact that the
complainant has not delivered him requisite papers.
Taking into consideration the nature of allegation, facts
2
and circumstance of the case let the petitioner, named above in the
event of his arrest or surrender before the court below within a
period of four weeks from the date of receipt/communication of the
order be released on bail on furnishing bail bonds of Rs.5,000/- (five
thousand) with two sureties of the like amount each to the
satisfaction of learned C.J.M., Nawada in connection with
Complaint Case No. 255 of 2005 subject to the conditions as laid
down under section 438(2) of the Code of Criminal Procedure.
Md.S. ( Ashwani Kumar Singh, J.)