Arun Bhai Chaska v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7523 of 2024 Arising Out of PS. Case No.-233 Year-2023 Thana- SAMASTIPUR District- Samastipur ====================================================== Arun Bhai Chaska son of Late Sakaldev Ray Resident of village- Hettanpur Dhamaun, Ward No.-12, P.S- Shahpur Patory, Distt - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate For the State :

Mr. Atul Chandra, APP For the Informant : Mr. Pramod Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-02-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Samastipur Town P.S. Case no.233 of 2023 registered under sections 420, 465, 468, 471, 473, 411, 384, 379 and 323 of the Indian Penal Code.

3. As per the prosecution case, the informant states that when the accused was stopped by the police on the Samastipur-Darbhanga main road for verification of the documents relating to his vehicle, he escaped. The vehicle was brought to the town police station and ultimately the case was lodged.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case at the instance

Patna High Court CR. MISC. No.7523 of 2024(2) dt.20-02-2024 2/2 of his enemies as described in the bail petition. It is further submitted that it is surprising that if as per the allegations, the petitioner escaped while his documents were being checked by the police, why it was that the police did not register the F.I.R. but a private individual has lodged a complaint which was subsequently registered as an F.I.R. The petitioner is in custody since 7.11.2023 and chargesheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the submissions made on behalf of the petitioner, the petitioner being in custody since 7.11.2023 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Samastipur Town P.S. Case no.233 of 2023 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur. (Partha Sarthy, J) Saurabh/- U T