Rupesh Kumar Sharma @ Rupesh Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13782 of 2024 Arising Out of PS. Case No.-330 Year-2022 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Rupesh Kumar Sharma @ Rupesh Sharma Son of Rajendra Sharma R/o vill - Karinga Kothi, Mangaidih, P.s. - Muffasil, Distt. - Saran ... ... Petitioner/s

Versus

1. The State of Bihar

2. Sanjay Kumar Singh S/O Krishna Kumar Singh, R/O Village- Karinga Musehri, P.s. - Muffasil Chapra, Distt. - Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anjani Parashar, Adv.

For the State :

Mr. Satya Nand Shukla, APP For the O.P. No. 2 :

NONE ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2024 Despite valid service of notice, no one appears on behalf of the Opposite Party No. 2.

2. Heard learned counsel for the petitioner and learned counsel for the State.

3. The petitioner apprehends his arrest in connection with Chapra Muffasil P.S. Case No. 330 of 2022 registered under Sections 406, 409 and 506 of the Indian Penal Code.

4. The prosecution story, in brief, is that the petitioner took the vehicle of the informant on rent for election purpose but later on he stopped the payment of rent and also refused to return the vehicle. It is further alleged that petitioner also threatened the informant through his mobile phone.

Patna High Court CR. MISC. No.13782 of 2024(4) dt.27-06-2024 2/3

5. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. Further submission is that informant was in good relation with petitioner and he was working as an Accountant in firm namely Ayush Enterprises in which petitioner is proprietor. Earlier the petitioner had purchased one vehicle and due to some reason, he failed to deposit installment of loan in time due to which his CIBIL became weak. It is next submitted that in the election of Mukhiya, the petitioner was in need of vehicle and as the informant was close ally, the vehicle was purchased in the name of the informant on finance, but all the installments were made from the account of the said firm of the petitioner. The petitioner is Mukhiya and due to village politics he has inimical relation with some persons in his village and in order to take advantage of inimical relation as well as with intention to grab the said vehicle, the informant has lodged this false and concocted case against the petitioner.

6. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond

Patna High Court CR. MISC. No.13782 of 2024(4) dt.27-06-2024 3/3 of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 330 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T