Navin Chandra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35534 of 2021 Arising Out of PS. Case No.-137 Year-2019 Thana- RUDRAPUR District- Madhubani ====================================================== NAVIN CHANDRA CHAUDHARY Son of Late Ram Ashish Chaudhary Resident of Village- Chilmiliya, P.S.- Basopati, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Vaishnavi Singh For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-12-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner seeks bail in connection Rudrapur P.S. Case no. 137 of 2019 registered for the offence punishable under sections 347, 420, 406, 409 and 120B/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is in custody since 12.10.2020 and charge sheet has been submitted. Learned counsel for the petitioner

Patna High Court CR. MISC. No.35534 of 2021(2) dt.03-12-2021 2/3 further submits that from perusal of the allegation as alleged in the FIR, it would manifest that the informant who is ward member of the Panchayat alleges that petitioner being Panchayat Sachiv along with Mukhiya obtained signature of the informant on blank cheque and money was withdrawn without completion of work. He further submits that documents annexed with bail application would show that work was completed thereafter payment was made and it is highly unbelievable that a responsible officer would sign on blank cheque and made allegation only after encashment of the cheque after completion of work. He further submits that no government authority has instituted any case alleging embezzlement. Learned counsel submits that coaccused Raja Ram Kamat has been granted bail by order dated 10.8.2021 in Cr. Misc. no. 17804/2021.

Learned APP opposes the prayer for bail.

Considering the facts that petitioner is in jail custody since 12.10.2020, charge sheet has been submitted and similarly situated co-accused has been granted bail, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties

Patna High Court CR. MISC. No.35534 of 2021(2) dt.03-12-2021 3/3 of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate II, Jhanjharpur in Rudrapur P.S. Case no. 137 of 2019.

(Satyavrat Verma, J) s.hassan/- U T