Jay Kumar Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6944 of 2018 Arising Out of PS. Case No.-314 Year-2016 Thana- DUMRA District- Sitamarhi ====================================================== Jay Kumar Chaurasia, Son of Nachari Chaurasia, Resident of Village-Sirsiya Bazar, Police Station-Parihar, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. SRI HUMAYOU AHMAD KHAN ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Dumra P.S. Case No. 314 of 2016 registered for the offence punishable under Sections 420, 467, 468, 471 of the Indian Penal Code.

The informant is the Inspector Bihar Home Guard Battalion, Sitamarhi, who in his written report has stated that in the year 2014 pursuant to the direction of the Head Quarter of Bihar Home Guard Battalion, in the Sitamarhi District on 28.02.2014 the re-enrollment of remaining Home Guards after 2012 was made. During the course of re-enrollment of Parihar

Patna High Court Cr.Misc. No.6944 of 2018(3) dt.28-02-2018 2/3 Block of Sitamarhi District, one general public namely, Jay Kumar Chaurasia (petitioner) has got enrolled using force No. 12936 after committed fraud. It has further alleged that again Jay Kumar Chaurasia (Petitioner) enrolled his name in the register of the training and he put his signature and went for training in Central Training Center, Bihta and thereafter he joined his duty at Patna.

Learned counsel for the petitioner submitted that he is innocent and has been falsely implicated in this case. It has been further submitted that petitioner is a simple man and when he came to know that on 28.02.2014 for re-enrollment, he also visited the office of Bihar Home Guard Battalion, Sitamarhi and where he came to know that Upendra Raut being No. 12936 has not filled up his bond and therefore, in his place his name is being enrolled. It has further been submitted that petitioner has no criminal antecedent and he is in custody since 07.11.2017.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court Cr.Misc. No.6944 of 2018(3) dt.28-02-2018 3/3 Chief Judicial Magistrate, Sitamarhi, in connection with Dumra P.S. Case No. 314 of 2016.

(S. Kumar, J) veena/- U T