Sanjay Chaudhary @ Ghungharu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17099 of 2019 Arising Out of PS. Case No.-315 Year-2016 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura * ====================================================== Sanjay Chaudhary @ Ghungharu S/o Sukhdev Chaudhary Resident of Village-Gehuni, P.S.-Atari, District-Gaya ... ... Petitioner

Versus

1.

The State of Bihar Bihar 2.

Virendra Malakar @ Virendra Kishore Bharti Son of Mahendra Maali Resident of Commissionary Bazar, Pool Par, P.S.- Sheikhpura, Distt.- Sheikhpura ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 419, 420, 406/34 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons misappropriated the amount of the complainant, meant for plantation.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to

Patna High Court CR. MISC. No.17099 of 2019(2) dt.29-03-2019 2/3 mistake of fact. Earlier a case was instituted u/S 156(3) Cr.P.C. and after investigation, the police had submitted final form. The present prosecution has been launched on the basis of protestcum-complaint whereas the case has been found true under Sections-418 & 406 only of the Indian Penal Code. The matter relates to civil dispute. Earlier occasion, the police after investigation, has found the case to be false. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Sheikhpura in connection with Complaint Case No. 315© of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T

Patna High Court CR. MISC. No.17099 of 2019(2) dt.29-03-2019 3/3