Ajay Choudhary @ Ajay Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42035 of 2024 Arising Out of PS. Case No.-376 Year-2020 Thana- DALSINGHSARAI District- Samastipur ====================================================== Ajay Choudhary @ Ajay kumar Choudhary Son of Late Bindeshwar Choudhary @ Butay Choudhary R/O Village- Kalayanpur, P.S.- Dalsinghsarai, Dist.- Samastipur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Naiyar Aajam Son of Marhum Intesar Hussain R/O Vill.- Molvichak, Nawada, P.S.- Dalsinghsarai, Dist.- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Pramod Kumar Singh, Advocate For the State :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 406, 467, 468, 471 and 34 of the Indian Penal Code.

3. As per prosecution case, this petitioner is alleged to have taken a sum of Rs. 6,00,000/- from the informant on the pretext of getting loan sanctioned to him.

4. It is submitted by learned counsel appearing on behalf of the petitioner that the petitioner has falsely been implicated in this case. As a matter of fact, the alleged cheque which was issued by the informant was received by co-accused Raj Kumar Raushan and his wife Annapurna Devi and they have already been granted bail by the learned court below on

Patna High Court CR. MISC. No.42035 of 2024(2) dt.18-07-2024 2/2 payment of Rs. 5,00,000/- to the informant. It is further submitted that from bare perusal of the F.I.R. it is apparent that the dispute between the parties is civil in nature and the act allegedly committed by this petitioner does not give rise to any criminal liability. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner 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 Addl. Chief Judicial Magistrate-Ist Class, Dalsingsarai, District- Samastipur, in connection with Dalsingsarai P.S. Case No. 376 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T