IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37487 of 2008 MOHAN HIMATSINGKA Versus STATE OF BIHAR ----------- 2. 16.09.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case for the offences registered under Sections 384, 409 and 420 of the Indian Penal Code. The allegation is to the effect that the complainant purchased a vehicle from this petitioner on availing finance from Tata Motors on execution of an agreement containing repayment schedule. It is further alleged that the complainant gave a sum of Rs. 10,000/- and odd for deposit in the Tata Motors towards repayment of the loan, however, out of Rs. 10,000/- sum of Rs. 4,000/- and odd was only deposited and the balance amount of Rs. 6,000/- was misappropriated by the petitioner. It is submitted that petitioner is the Director of M/s Maurya Motors Ltd. an authorized dealer of Tata Motors. It is further submitted that the allegation against the petitioner is absolutely false. The repayment of loan is to be made to M/s Tata Motors and this petitioner has nothing to do with the finance and repayment of loan and as such, there could not be any justification in depositing the money with the petitioner as alleged. Learned counsel for the State refute the submissions on behalf of the petitioner. Considering the submissions as made above, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, Mohan Himatsingka be released on bail on 2 furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sitamarhi in connection with Complaint Case No. C-I/1092 of 2007 corresponding to Trial No. 2195 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- ( Shailesh Kumar Sinha,J.)