Naushad Khan vs State of Bihar - 2023 Supreme(Pat) 938

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 938

SANDEEP KUMAR
Naushad Khan – Appellant
Versus
State of Bihar – Respondent

Advocates Appeared:
For the Petitioner: M/s Mrigank Mauli, Sr. Adv., Kumar Ravish, Dheeraj Kumar Roy.
For the State : Mr. Ram Anurag Singh, APP.
For the Informant : M/s Rana Vikram Singh, Dayanand Singh, Dhananjay Kashyap.

ORDER

Heard learned counsel for the parties.

2. The present application has been filed for grant of bail in connection with Rampur P.S. Case No. 149 of 2022 registered for the offences punishable under Sections 406/420/ 467/468/471/120-B of the Indian Penal Code. The petitioner is in custody since 21.03.2023 in connection with the present case.

3. The prosecution case in short as per the informant Rajnish Kant, Zonal Legal Head of the Tata Motors Finance Limited with prime allegations that upon request of this petitioner for granting financial assistance for purchase of trucks from the informant's company which is a non-banking finance company engaged in the business of finance and balance transfer facility was availed by the petitioner with respect to Tata Truck Registration No. NL 01 N 3100 and the loan/ hypothecation agreement was executed on 19.02.2020 and installment was fixed, however, there was default in payment of installment and in the meanwhile the petitioner transferred the vehicle to one Pintu Chaudhary on 25.4.2021 at Rs. Five Lakhs and therefore, he committed the crime.

4. Learned Senior Counsel appearing on behalf of the petitioner has submitted that the informant got t