Sanjay Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41593 of 2024 Arising Out of PS. Case No.-1862 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Sanjay Choudhary S/o Jagdish Choudhary R/o village-Rahar, Ward No.2, P.S.-Pranpur, district- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sailendra Nath Jha S/o Bhrigunath Jha R/o Village-Rahar, Ward No.-2, P.S.- Pranpur, District-Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the State :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 09-07-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with C.A. Case No. 1862 of 2022, registered for the offence(s) punishable under Section(s) 406, 420, 323, 341, 384, 386, and 504 of the Indian Penal Code.

3. Mr. Bimal Kumar, learned counsel for the petitioner submits that the alleged offenses of which cognizance has been taken against the petitioner are not made out as the allegations levelled by the complainant before the inquiry court completely attract the civil wrong and as per her allegation Rs. 2,40,000/- was borrowed by the petitioner from the complainant and the same was not re-paid by the petitioner as per allegation and the allegation as

Patna High Court CR. MISC. No.41593 of 2024(2) dt.09-07-2024 2/2 to non-execution of the sale deed in respect of land, in lieu of the loan amount is completely false as the complainant could not produce the copy of any agreement before the inquiry court in support of the said allegation. It is further submitted that the petitioner has fair and clean antecedent.

4. Mr. Yogendra Kumar, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the above submissions and mainly the nature of allegation appearing against this petitioner from complaint filed by the O.P. No.2 and coupled with the fair and clean antecedent of the petitioner, this court is inclined to accept the petitioner's anticipatory bail prayer. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with C.A. Case No. 1862 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Rajiv/VinayakU T