Bachcha Babu Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15471 of 2020 Arising Out of PS. Case No.-297 Year-2019 Thana- BOCHAHAN District- Muzaffarpur ====================================================== BACHCHA BABU CHAUDHARY Son of Late Parmeshwar Chaudhary Resident of Village-Sharfuddinpur, P.S.-Bochaha, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratneshwar Prasad For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 409 & 420 of the Indian Penal Code. Allegedly, the petitioner defalcated 756 quintals of paddy which was purchased by government money from farmers. 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 falsely implicated in the present case. The petitioner is alleged to be Chairman of the PACS. The defalcation of 756 quintals of paddy is denied by the petitioner. It is further submitted

Patna High Court CR. MISC. No.15471 of 2020(2) dt.06-07-2020 2/2 that the petitioner is ready to deposit an amount of Rs. 2,00,000/- (two lacs) in the court below which shall be subject to the result of the case.

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, on deposit of a sum of Rs. 2,00,000/- (two lacs) in the court below which shall be subject to the result of the case, 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 his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Muzaffarpur, Patna in connection with Bochaha P.S. Case No. 297 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

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