Awadh Lal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14810 of 2023 Arising Out of PS. Case No.-20 Year-2022 Thana- COMPLAINT CASE District- Sheohar ====================================================== AWADH LAL CHAUDHARY Son of Late Kailash Chaudhary R/v- Harnahi, P.S.- Sheohar, District- Sheohar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anand Kumar Son of Lal Babu Kuwar R/v and P.O.- Kushahar, P.s.- Tariyani, District- Sheohar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-05-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Complaint case no. C1-20/2022, registered for the offences punishable under Sections 406, 420 of the Indian Penal Code.

The allegation is regarding the petitioner and another co-accused person having lured the complainant in shelling out a sum of Rs. 8 lacs on the pretext of providing him with a government job, however, subsequently, they had refused to either return the money or get him a government job, nonetheless, subsequently, forged appointment

Patna High Court CR. MISC. No.14810 of 2023(2) dt.24-05-2023 2/3 letter was handed over to the informant.

The learned counsel for the petitioner submits that the petitioner is innocent, he has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that the petitioner is an old retired person and has got nothing to do with the alleged occurrence, inasmuch as there is neither any proof of the complainant having handed over a sum of Rs. 8 lacs to the petitioner nor the forged appointment letter has been brought on record of the complaint petition, hence the petitioner is not having any complicity in the matter.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that there is no proof regarding payment of a sum of Rs. 8 lacs to the petitioner apart from the fact that the petitioner is having a clean antecedent, I deem it fit and appropriate to admit the petitioner to the privilege of bail.

Accordingly, the abovenamed petitioner is directed to

Patna High Court CR. MISC. No.14810 of 2023(2) dt.24-05-2023 3/3 be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Chief Judicial Magistrate, Sheohar in connection with complaint case no. C1/20 of 2022.

(Mohit Kumar Shah, J) rinkee/- U T