Chandan Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38706 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Chandan Choubey S/o- Lala Choubey, R/o Vill.- Katakara, P.S.- Bhagwanpur, Dist.- Kaimur at Bhabua.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bhabua P.S. Case No.68 of 2024 instituted under Sections 420/406 of the Indian Penal Code.

3. As per the prosecution case, the informant who is owner/ proprietor of the Janki Mini Rice Mill alleged that on the basis of faith he gave Rs.6 lacs to the petitioner but he did not returned back.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is an agriculturist and he gave paddy crop to the informant but he did not paid the consideration amount and on asking the same, this false case has been filed. Learned counsel submits that the village of petitioner

Patna High Court CR. MISC. No.38706 of 2024(2) dt.26-06-2024 2/2 and informant is situated within the radius of 1 K.M. and the alleged mode of payment of the cash to petitioner by informant is suspicious. He further submits that petitioner has no criminal antecedent and he undertakes to cooperate in the trial and investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Bhabua, District Kaimur at Bhabua in connection with Bhabua P.S. Case No.68 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T