Prem Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24687 of 2021 Arising Out of PS. Case No.-542 Year-2019 Thana- DANAPUR District- Patna ====================================================== Prem Chaudhary Son of Late Laldeo Chaudhary R/v- Purandarpur, P.S.- Jakkanpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 420 and other ancillary sections of the Indian Penal Code. As per the prosecution case, the petitioner, who happens to be the Chairman of an NGO, on the pretext of offering job to the informant and others took some illegal gratification but he could not provide them job and the checque issued by him for returning the aforesaid amount, also bounced. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He submits that the specific allegation of receiving

Patna High Court CR. MISC. No.24687 of 2021(2) dt.24-07-2021 2/3 money from the informant is against some other accused persons and no specific allegation has been made against the petitioner. It is also submitted that the FIR reflects that the informant and others were themselves indulged in unlawful activity of ensuring backdoor entry on different posts of the NGO or in the Civil Courts as alleged, therefore, they cannot get protection of law. Petitioner has already been allowed regular bail by different co-ordinate benches of this Court in other cases with similar allegation. Investigation is complete and petitioner is in custody since 13.9.2019. Learned counsel appearing for the State opposes the prayer for bail.

Considering the rival submissions of the parties, materials available on the record and the fact that the petitioner is in custody since 13.9.2019, let the petitioner, mentioned above, be enlarged 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 Additional Chief Judicial Magistrate I, Danapur in Danapur Police Station Case No. 542 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.24687 of 2021(2) dt.24-07-2021 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T