Ambudh Chaudhary @ Ambud Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47268 of 2024 Arising Out of PS. Case No.-483 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Ambudh Chaudhary @ Ambud Kumar Chaudhary S/o- Lal Bahadur Chaudhary Village- Parwana Po- Parwana Ps- Hathauri, Dist- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mahesh Dwivedi son of Shatrudhan Dwivedi Village- Harail PsMohiuddinnagar Dist- Samastipur, P/A- Mahesh Dwivedi Village- Panjabi Colony W.No-9, Ps- Samastipur Nagar Dist- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State .

2. The petitioner apprehends his arrest in connection with Complaint Case registered under Sections 323, 406, and 34 of the Indian Penal Code .

3. As per the prosecution case , on persuasion of this petitioner, complainant paid Rs. 1,50,000/- to the other coaccused persons to secure job for his grandson .

4. Learned counsel appearing for the petitioner denies the allegation and submits that the complainant/opposite party no. 2 voluntarily parted with the money to secure appointment through unfair means which is itself illegal and an offence. The

Patna High Court CR. MISC. No.47268 of 2024(2) dt.19-08-2024 2/2 entire money was paid to other co-accused person and so far as this petitioner is concerned, not a single penny was received by him. Any agreement or contract for unlawful purpose is void. He next submits that complainant, voluntarily parted with money for an illegal purpose, cannot be allowed to urge that he has been cheated. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the prayer for bail.

6. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Samastipur District- Samastipur in connection with Complaint Case No. 483 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) Koushik/- U T