Patna High CourtCR. MISC./61189/2024bail granted

Arvind Chauhan @ Arvind Kumar v. The State Of Bihar

2024-12-11Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61189 of 2024 Arising Out of PS. Case No.-802 Year-2023 Thana- DEHRI TOWN District- Rohtas ====================================================== ARVIND CHAUHAN @ ARVIND KUMAR SON OF MUNNA RAM RESIDENT OF BARAH PATHAR, AMBEDKAR NAGAR, WARD NO.36, P.S. - DEHRI, DISTRICT - ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-12-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 304(B) and 201 of the IPC.

3. Learned counsel for the petitioner submits that petitioner being husband has been falsely implicated in the instant case by the informant.

4. Learned counsel for the petitioner submits that police after threadbare investigation came to a considered conclusion that petitioner is innocent and thus submitted Final Form No. 299 of 2024 dated 05.06.2024 exonerating the petitioner of the allegations, but the learned Trial Court differing with the police report took cognizance of the offences under

Patna High Court CR. MISC. No.61189 of 2024(2) dt.11-12-2024 2/2 Section 304(B) of the IPC read with other sections by order dated 28.06.2024. The learned counsel, thus, submits that when one Investigating Agency after a threadbare investigation came to a considered conclusion that petitioner is innocent whether it would be prudent for this Court to keep the petitioner in jail based on an order of cognizance based on the same police report which exonerated the petitioner of the allegation. It is next submitted that petitioner is in custody since 27.03.2024.

5. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Dehri (Town) P.S. Case No. 802 of 2023.

(Satyavrat Verma, J) Rishabh/- U T