Siyaram Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28178 of 2023 Arising Out of PS. Case No.-835 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== SIYARAM CHOUDHARY SON OF JAY RAM CHOUDHARY R/V- PAI BIGHA, PS- MEN, DIST- GAYA ... ... PETITIONER/S
VERSUS
THE STATE OF BIHAR ... ... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar , Advocate For the Opposite Party/s :
Mr. Atul Chandra, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 406 of the Indian Penal Code.
3. It is alleged that the complainant gave Rs. 6,40,000/- to the petitioner Siyaram Chaudhary in the year 2021 to purchase land and tfor that the agreement was made in the presence of villagers but after one month when the complainant demanded to return the said money , petitioner refused to return
Patna High Court CR. MISC. No.28178 of 2023(2) dt.14-07-2023 2/3 the said amount.
4. It is submitted that the petitioner has falsely been implicated in this false and concocted case. The petitioner was intending to purchase a land from one Ram Vinay Prasad in which the complainant was mediator. As a matter of fact, this petitioner has given directly cash amount in the account of Ram Vinay Prasad through complainant but the land was not registered in favour of petitioner and when petitioner demanded his money back the same was not returned by Ram Vinay Prasad then the petitioner filed a case ( Main/Pai Bigha P.S case no. 36/2021 U/S 420, 406/34 of Indian Penal Code) against Ram Vinay Prasad and to save skin from this case, the present case is filed by the complainant. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 learned J.M.F.C cum A.M., Gaya in connection with Complaint Case No . - 835 of 2022, P.S. case no of subject to
Patna High Court CR. MISC. No.28178 of 2023(2) dt.14-07-2023 3/3 the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Kaushik/- U T