Charu Chandra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32097 of 2018 Arising Out of PS.Case No. -100 Year- 2017 Thana -GAYA MUFFSIL District- GAYA ====================================================== Charu Chandra Son of Yadu Ram Resident of Village - Dihara, Police Station - Obera, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-06-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is seeking regular bail in Muffassil P.S. Case No. 100 of 2017 registered under Sections 406 and 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that even though as per the First Information Report it is alleged that the petitioner had not made available the loan amount to the poor ladies who were the membera of the group in question and for whose self-employment the loan facilities were being provided by the company, the submission of the petitioner is that he was not responsible for disbursement of loan and, therefore, the entire allegations against him are false and baseless. It is submitted that as per the F.I.R. a sum of Rs. 1,12,810/- has been shown

Patna High Court Cr.Misc. No.32097 of 2018 (2) dt.11-06-2018 2/3 outstanding against those Accounts, out of which Rs. 40,000/- has already been deposited by the father of this petitioner under protest. Learned counsel submits that the petitioner is willing to deposit a further sum of Rs. 70,000/- in the court below subject to the result of the case in order to show his bona fide. Learned A.P.P. for the State is present.

Considering the fact that the petitioner is said to have deposited Rs. 40,000/- and that the petitioner has taken a bona fide plea whereunder he is willing to deposit Rs. 70,000/- in the court below subject to the result of the case, I am inclined to grant regular bail to the petitioner. Let the petitioner, named above, be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Muffassil P.S. Case No. 100 of 2017, subject to the conditions as laid down under Section 437(3) Cr.P.C. and further conditions that the petitioner shall deposit Rs. 35,000/- at the time of his release. The rest amount of Rs. 35,000/- shall be deposited by the petitioner within a period of two months from the date of his release. It is made clear that on his failure to abide by his own undertaking before this Court, the court below shall proceed to cancel the bail bonds of the petitioner without waiting

Patna High Court Cr.Misc. No.32097 of 2018 (2) dt.11-06-2018 3/3 for any application from anybody.

The application stands disposed of.

(Rajeev Ranjan Prasad, J) Dilip, AR U T