Chandrika Kushwaha @ Chandrika Prasad Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19947 of 2019 Arising Out of PS. Case No.-164 Year-2015 Thana- GAUNAHA District- West Champaran ====================================================== CHANDRIKA KUSHWAHA @ CHANDRIKA PRASAD KUSHWAHA Son of Sri Mohan Kushwaha @ Mohan Prasad Kushwaha Resident of Village - Pakadi Vishauli, P.S.- Gaunaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-04-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Gaunaha P.S. Case No. 164 of 2015, registered for the offence punishable under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code.

The allegation is regarding the informant having handed over a sum of Rs. 30 lakhs, for the purposes of running business, to the accused persons, while the informant had gone away to Delhi for his treatment, however, in the meantime, it appears that the accused persons had misappropriated the said money.

The learned counsel for the petitioner has submitted that the co-accused persons have already been granted bail on the condition that they repay the amount due against their

Patna High Court CR. MISC. No.19947 of 2019(2) dt.05-04-2019 2/3 respective names qua the informant. One of such order is dated 30.07.2018, passed by a coordinate Bench of this Court in Criminal Miscellaneous No. 42860 of 2018. It is submitted that the petitioner is having a clean antecedent and he is languishing in custody since 3.6.2018.

Per contra, the learned counsel for the informant submits that the petitioner should be directed to be released from custody only after the learned trial court is satisfied that the amount standing in the name of the petitioner herein has been re-paid.

The learned counsel for the parties shall appear before the learned trial court on 12.04.2019 at 10:30 AM. so that the issue of payment of outstanding amount by the petitioner to the informant is sorted out.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct for release of the petitioner on regular bail immediately upon the learned trial court being satisfied that the amount standing in the name of the petitioner has been repaid to the informant, as well as subject to such other conditions as may be imposed by the learned Sub Divisional Chief Judicial Magistrate, Bettiah, West Champaran in connection with Gaunaha P.S. Case No. 164 of

Patna High Court CR. MISC. No.19947 of 2019(2) dt.05-04-2019 3/3 2015.

With the aforesaid directions, the present bail petition stands disposed of.

(Mohit Kumar Shah, J) ajay gupta/- U T