Triloki Chaudhary @ Triloki Chauhan @ Rajendra Bin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24800 of 2020 Arising Out of PS. Case No.-826 Year-2019 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Triloki Chaudhary @ Triloki Chauhan @ Rajendra Bin S/o Ramadhar Chaudhary Village- Gobarhiya, P.S.- Lokariya, Dist- W. Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhannjay Kumar No 2, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-10-2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Complaint Case no. 826 of 2019 lodged under sections 420, 120B, 467, 468 and 504 of the Indian Penal Code. Cognizance was taken in the case under section 420/34 of the Indian Penal Code.
As per allegation in the complaint a sum of Rs. 2.6 lacs was given by way of loan by the complainant to the petitioner. On the petitioner not returning the same an agreement was entered into wherein it was agreed upon that either the amount will be returned by the petitioner or he will execute a sale deed in favour of the complainant with respect to a property. Neither the amount has been returned nor the sale deed is being executed. Hence the case.
It is submitted by learned counsel for the petitioner that from perusal of the complaint itself it would transpire that
Patna High Court CR. MISC. No.24800 of 2020(2) dt.16-10-2020 2/2 unsubstantiated allegations of civil nature have been made by the complainant and it is for this reason that in the recital of the complaint he talks about payment of various amounts by cash. It is submitted that the petitioner is innocent, the allegations in the complaint are false and petitioner has no criminal antecedent. The application for bail is opposed by learned counsel for the State.
Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, the Court is inclined to enlarge the petitioner on anticipatory bail. The petitioner is directed to surrender in the Court below within a period of eight weeks from today and in the event of his arrest or surrender in connection with Tr. No. 3514/2019 (arising out of Complaint Case no. 826 of 2019) he will be enlarged on bail on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Bagaha at West Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Partha Sarthy, J) Prakash/- U