Prasant Kumar @ Prasant Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24465 of 2017 Arising Out of PS.Case No. -134 Year- 2013 Thana -PARBATTA District- BHAGALPUR ====================================================== Prasant Kumar @ Prasant Choudhary Son of Subhash Choudhary, Resident of Village- Makandpur, Police Station- Gopalpur, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate. For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-06-2017 Heard Sri Rajesh Kumar, learned counsel for the petitioner, and learned Damodar Prasad Tiwary, learned A.P.P. for the State.

Let it be made clear that the learned A.P.P., who is present in Court, has been requested to assist the Court in absence of the learned A.P.P., who has been assigned the brief. This Court is not at all satisfied with the manner in which no appearance is made on behalf of the State when the matter is being called out during this period. The petitioner is seeking anticipatory bail in Parbatta P.S. Case No. 134/13 registered under Sections 120(B), 406, 467, 468, 471, 472, 420 read with Section 34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.24465 of 2017 (3) dt.08-06-2017 2/3 The allegation against the petitioner is that of cheating the informant on the pretext of providing a job to his son. As informed, the present petitioner received some payments from accused no. 2.

Learned counsel for the petitioner would submit that the allegations in the First Information Report are completely vague and in similar circumstance other co-accused have been granted anticipatory bail by a co-ordinate bench of this Court. He has drawn my attention towards Annexure 2 series. Learned A.P.P. opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, particularly, a co-ordinate bench of this Court granted anticipatory bail to other co-accused and including Pramod Kumar Pandit @ Pramod Pandit against whom there was allegation of receiving money, let the petitioner, namely, Prasant Kumar @ Prasant Choudhary, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III,

Patna High Court Cr.Misc. No.24465 of 2017 (3) dt.08-06-2017 3/3 Naugachia, District Bhagalpur in connection with Parbatta P.S. Case No. 134/2013, subject to the conditions under Section 438(2) of the Code of Criminal Procedure.

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