Vishal Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.506 of 2016 Arising Out of PS.Case No. -121 Year- 2015 Thana -SAKRI District- MADHUBANI ====================================================== Vishal Chauhan, son of Shailendra Kumar Singh, R/o Village- Mokrampur, P.S.- Sakari, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Adv. For the Opposite Party/s : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

On getting confidential information, raid was conducted and during course thereof, petitioner was apprehended. A Bolero Jeep bearing registration no. BR9D8171 was found parked at his darwaja. He failed to place relevant documents with regard thereof. Subsequently, thereto, the police also conducted raid at different places and recovered so many vehicles at his instance and as no documents has been produced, therefore, instant case has been registered against Section 413, 414, 467, 468, 401 and 34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.506 of 2016 (3) dt.17-02-2016 2/3 It has been submitted on behalf of the petitioner that high handedness of police is itself apparent from the investigation as, the different owners of the vehicle in question had applied for release and same was allowed after having report from the Investigating Officer himself who, after obtaining it from concerned District Transport Office reported the same. It has also been submitted that the petitioner has been intentionally implicated as, from the self statement of the informant it is evident that vehicle bearing registration no. BR9D8171 has been shown to be parked at his darwaja while from the place of occurrence recorded in paragraph 13, it is evident that the aforesaid vehicle was parked in an open space lying north to the road.

The aforesaid road lies north to the house of the petitioner. Therefore, it cannot be construed that the aforesaid vehicle was parked at the darwaja of the petitioner and further, for the aforesaid vehicle, petitioner was accountable. Learned Additional Public Prosecutor opposed the prayer.

Under the aforesaid facts and circumstances of the case, petitioner Vishal Chauhan is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court Cr.Misc. No.506 of 2016 (3) dt.17-02-2016 3/3 Chief Judicial Magistrate, Madhubani in connection with Sakri P.S. Case No. 121 of 2015.

(Aditya Kumar Trivedi, J.) Vinita/- U T