Jagdish Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7774 of 2023 Arising Out of PS. Case No.-128 Year-2022 Thana- GANDHIMAIDAN District- Patna ====================================================== Jagdish Choudhary Son Of Dev Narayan Chaudhary Resident Of Village - Tilangahi, P.S.- Bairiya Bettiah, District - West Champaran. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Gandhi Maidan P.S. Case No. 128 of 2022 registered under sections 419, 420, 379 and 34 of the Indian Penal Code.

As per allegation in the FIR, informant is the employee of Indian Overseas Bank, Exhibition Road and he informed that co-accused Aashu Pratap Pandey and Gama Chaudhary have cheated the bank staff and fraudulently they got transferred huge money into their own accounts through R.T.G.S.. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He is innocent. During investigation, in confessional statement of coaccused Gama Choudhary recorded u/s 161 Cr.P.C. his name came into light. Save and except confessional statement, no

Patna High Court CR. MISC. No.7774 of 2023(2) dt.12-04-2023 2/2 other consistent material has come on record to show the involvement of the petitioner in the present case. The amounts were transferred in the account of two co-accused persons, namely, Aashu Pratap Pandey and Gama Chaudhary and not in the account of the petitioner. As para-3 of the petition, petitioner is a man of clean antecedent and he is languishing in judicial custody since 31.3.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Gandhi Maidan P.S. Case No. 128 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XIV, Patna.

(Sunil Kumar Panwar, J) shubham/- U T