Nandu Chaudhary @ Nand Kishore Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8700 of 2023 Arising Out of PS. Case No.-132 Year-2022 Thana- NAWADA District- Nawada ====================================================== Nandu Chaudhary @ Nand Kishore Chaudhary Son Of Late Brahmdeo Chaudhary R/O Village- Bhadauni Devi Asthan, P.S.- Nawada, DistrictNawada ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Fulan Kewat Son Of Brahmdev Kewat R/O Kewat Nagar Madauni, P.S.- Nawada Town, District- Nawada ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anuj Kumar For the Opposite Party/s :
Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 406, 420, 467, 468, 471, 504/34 of the Indian Penal Code. The prosecution case as per FIR is that the informant entered into two agreements for execution of land with the FIR named accused persons including the petitioner and at the time of agreement, the informant paid Rs. 2 lakh as advance. Subsequently, total amount of 16 lakh which was paid by the informant in favour of the accused persons. However, when
Patna High Court CR. MISC. No.8700 of 2023(2) dt.17-04-2023 2/3 the informant requested to execute the sale deed in his favour the same was denied by the accused persons.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is a case of civil in nature for which criminal proceeding has been initiated against the petitioner. If the informant has any documentary poof in respect of his claim, he may agitate the same before the appropriate forum. Moreover, similarly situated co-accused namely, Deva Chaudhary has already been granted bail by a co-ordinate Bench of this Court vide order 21.12.2022 passed in Cr. Misc. No. 55487 of 2022 and in support of this Annexure-4 has been annexed with this petition. It is further submitted that the petitioner is languishing in judicial custody since 25.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nawada Town P.S. Case No. 132 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.8700 of 2023(2) dt.17-04-2023 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada.
(Sunil Kumar Panwar, J) Amandeep/- U T