Chandra Shekhar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36699 of 2019 Arising Out of PS. Case No.-569 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== CHANDRA SHEKHAR SINGH Son of Late Ram Prasad Singh @ Chottan Singh Resident of Masadpur, P.O. - Tilrath, P.S.- Barauni, Distt - Begusarai. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Ms. Aditi Hansaria, Advocate For the Opposite Party/s :

Mr.Satyavrat Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking anticipatory bail in connection with Barauni (Zeromile) P.S. Case No. 569 of 2018 registered for the offences punishable under Sections 419, 420/34 of the Indian Penal Code. Learned counsel for the petitioner has taken this Court through the contents of the written complaint which has given rise to the first information report in the present case. Learned counsel submits that from a bare reading of the same it would appear that the informant had entered into a kind of understanding with the petitioner to run his vehicles under the petitioner who had a transport vendor code from the Hindustan Petroleum. The allegation is that the petitioner had not paid the entire amount which was earned by the vehicles of the

Patna High Court CR. MISC. No.36699 of 2019(2) dt.13-06-2019 2/3 informant as a result whereof the informant could not pay off his finances.

It is alleged that in November, 2013 the vehicles of the informant were detached from the pools of the vehicles which were made available to the Petroleum company. The informant alleged that at that time he had no option but to enter into a compromise. He started running his own vehicle and was waiting for next tender.

It is submitted that the reading of the FIR clearly demonstrates that when the actions were taken against the informant by the financer under the recovery procedures, the present FIR has been lodged only in order to save his skin. It is submitted that by no stretch of imagination the allegations of fraud and misappropriation of money would be made out.

Learned APP for the State submits that the dispute seems to have arisen out of a commercial transactions entered into between the petitioner and the informant. Having heard learned counsel for the parties, considering the facts and circumstances of the case as also the nature of allegation and the fact that the informant admits of entering into a compromise despite having grievance against the

Patna High Court CR. MISC. No.36699 of 2019(2) dt.13-06-2019 3/3 petitioner in the year 2013 itself as also that the petitioner has no criminal antecedent, let the petitioner above named in the event of his arrest or surrender in connection with Barauni (Zeromile) P.S. Case No. 569 of 2018 within a period of four weeks from today be enlarged on bail on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) avin/-ved U T