Dev Chandra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51566 of 2022 Arising Out of PS. Case No.-95 Year-2022 Thana- DARBHANGA District- Darbhanga ====================================================== Dev Chandra Chaudhary, Son of Surya Narayan Chaudhary, R/O VillageDumari, P.S.- Biraul, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Raj, Advocate For the Opposite Party/s :

Mr.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-01-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Darbhanga Town P.S. Case No. 95 of 2022 registered for the offences punishable under Sections 420, 406, 504 and 506 read with Section 34 of the Indian Penal Code.

As per the prosecution case, the allegation against the petitioner is of persuading the informant for purchase of 26 bigha land from the co-accused. The informant paid Rs.

Patna High Court CR. MISC. No.51566 of 2022(2) dt.12-01-2023 2/3 3,76,44,150/- to the Sanjeet Acharya and his mother Sheela Acharya in different installments. When the informant and his brother went to the registration office for execution of the sale deed, they came to know that the said land was being sold to someone else by the co-accused persons and thereafter the informant requested his agent-petitioner to make arrangement for return of the said amount but he was threatened by the accused persons.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. He has further submitted that the petitioner is a middle man and he organized the meeting between the parties. The petitioner has not received any amount from the informant and the said amount was received by the coaccused persons. The petitioner has got clean antecedent as stated in para 3 of the bail petition.

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

Considering the aforesaid facts and circumstances of the case as well as the fact that the petitioner did not take any amount from the informant, let the above named petitioner, in the event of his arrest/ surrender within a period

Patna High Court CR. MISC. No.51566 of 2022(2) dt.12-01-2023 3/3 of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Darbhanga Town P.S. Case No. 95 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T