Lal Babu Choudhary @ Lal Babu Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3829 of 2017 Arising Out of PS.Case No. -30027 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Lal Babu Choudhary @ Lal Babu Prasad, son of Chamari Lal, Resident of Mahamaya Apartment Harihar Singh Road, Mohrabadi, P.S. Bariyatu, District-Ranchi (Jharkhand) at present helper of Govt. Bus Depo Station Road, near over bridge Ranchi (Jharkhand) and permanent address Kali Mandir Road, Hanuman Nagar, P.S. Patrakar Nagar, District-Patna. .... .... Petitioner

Versus

1. The State of Bihar,

2. Kailash Kumar, Son of Sri Jawahar Prasad, Managring Director Kosut Builders and developers Pvt. Ltd. Chandpur Bela (Pani tanki), P.S. Jakkanpur, District - Patna.

... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Complaint Case No. 30027 (C) of 2014, registered under Sections 323, 379, 406, 420, 504, 506, 120(B) of the Indian Penal Code.

The accusation is that on the request of the petitioner his son Raj Kumar was made partner of the firm of the complainant engaged in real estate. On verification of account, it was found that the petitioner and his son misappropriated Rs. 4,50,000/- 2,50,000/- in payment of price of cement and rod.

Patna High Court Cr.Misc. No.3829 of 2017 (2) dt.23-02-2017 2/2 Similarly petitioner and his son took Rs. 7,00,000/- for allotment of the flats to four allottees, but in account only Rs.2,00,000/- was shown against each allottee.

Learned counsel for the petitioner submits that, in fact, the son of the petitioner is the partner of the complainant but with ulterior motive the petitioner has also been made accused in this case and he is in custody since 03.10.2016. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 30027 (C) of 2014. (Rajendra Kumar Mishra, J) manish/- U T