Jitendra Prasad Chaurasiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5161 of 2023 Arising Out of PS. Case No.-170 Year-2022 Thana- GAUNAHA District- West Champaran ====================================================== JITENDRA PRASAD CHAURASIYA S/O MAHANTH PRASAD CHAURASIYA R/v- Bairatwa, Bhitiharwa, P.S.- Gaunaha, District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 414 of the Indian Penal Code pending in the learned court below. Allegation against the petitioner is that he stolen car of one Barister Chaudhary.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the name of the petitioner transpired on the statement of Barister Chaudhary. He submits that there is no incriminating article has been recovered from the conscious possession of the petitioner. He further submits that petitioner has got one criminal antecedent in similar nature as

Patna High Court CR. MISC. No.5161 of 2023(2) dt.05-05-2023 2/2 stated in para-3 of the bail application.

Per contra, learned APP for the State vehemently opposing the bail application and submitted that the allegation levelled as the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.

Considering the nature of the offence, I am not inclined to enlarge the petitioner on bail in connection with Gaunaha P.S. Case No. 170/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order.

(Anjani Kumar Sharan, J) ajay/- U T