IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44610 of 2007 PURUSHOTTAM SHARMA Versus STATE OF BIHAR & ANR ----------- 05. 08.05.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under Sections 406 and 504 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation is that petitioner wanted to sell his truck to the informant and for that purpose the informant paid Rs.2,60,000.00 to the petitioner, but thereafter the petitioner neither handed over the truck nor returned the said amount to the informant. Learned counsel for the petitioner further submits that the entire allegation is false and frivolous and the signature on the agreement is forged. Learned counsel for the petitioner also avers that other forum for enforcing the agreement and for realizing the money is available to the informant, but the informant is not using that forum because of the falsity of her claim. Learned counsel for the petitioner further contends that the truck was seized at the instance of the informant and after report of the District Transport Officer it was released to its owner, namely Satya Narain Ram. Learned counsel for the petitioner also states that the petitioner is in custody since 11.06.2007. On the other hand, learned counsel for the informant vehemently opposes the contentions of the learned counsel for the petitioner and submits that the petitioner himself confessed before the - 2 - police that he had taken the money from the informant for selling his truck, hence he cannot take a different view at this stage. He further submits that the petitioner is only harassing the informant for his nefarious intention. In the aforesaid facts and circumstances, this petition is allowed. Let petitioner, namely Purushottam Sharma, be released on bail on furnishing bail bond of Rs.10,000.00 (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl.Chief Judicial Magistrate, Danapur, District-Patna in connection with Maner P.S.Case No.101 of 2007. sunil ( S.N.Hussain,J.)