Bhogendra Chaupal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52543 of 2021 Arising Out of PS. Case No.-25 Year-2021 Thana- ANDHRATHARHI District- Madhubani ====================================================== BHOGENDRA CHAUPAL Son of Ram Kisun Chaupal Resident of Village - Mauahi, P.S. - Marauna, District - Supaul.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baleshwar Kamat, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP For the Informant :
Mr. Ratnakar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-04-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 336, 419, 420, 467, 468 and 471 of the Indian Penal Code.
As per the prosecution case, it is stated by the informant that the petitioner was running a clinic by the name of Darbhanga Surgical without any permission etc. He cheated the informant of a sum of Rs. 1.5 lacs on 24.7.2020 and Rs. 3.5 lacs on 3.8.2020 in the name of tender for installing a prepaid meter. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The allegations are false and concocted which would be evident from the fact that no evidence of payment of the aforesaid sums
Patna High Court CR. MISC. No.52543 of 2021(4) dt.07-04-2022 2/3 have been given and the allegations could not be believed that such large amounts would be given in cash without any receipt thereof. The petitioner is in custody since 12.3.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.
The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only there is direct allegation against the petitioner and in fact a fake clinic being run by the petitioner without any permission was also inspected by the authorities concerned and they found that the petitioner was neither having any registration certificate nor any doctor is available. It is further submitted by learned counsel for the informant that the informant has the video recording of the incidence.
Having heard learned counsel for the parties and taking into consideration the nature of the allegation together with the petitioner having remained in custody for more than 1 year and not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Andhratharhi P.S. Case no. 25 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.52543 of 2021(4) dt.07-04-2022 3/3 each to the satisfaction of the learned Additional Chief Judicial Magistrate 3rd, Jhanjharpur, District Madhubani. (Partha Sarthy, J) Spd/- U T