Ram Chandra Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.963 of 2021 Arising Out of PS. Case No.-46 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== RAM CHANDRA CHAUDHARY Son Of Late Ram Dukhit Chaudhary Resident Of Village - Surjan Pakri, P.S. -Shivaji Patti District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 406, 420, 409, 467, 468 & 471/34 of the Indian Penal Code.

The prosecution case, in brief, is that the petitioner in collusion with two other persons are said to have defalcated khadi cloth and other articles worth Rs.50,00,000.00 from the godown of Khadi Bhandar at Hajipur.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case due to election of Chairman of Khadi Gram Udyog in which petitioner was elected as Chairman. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It

Patna High Court CR. MISC. No.963 of 2021(3) dt.12-04-2021 2/2 is further submitted that from perusal of the complaint petition it is crystal clear that the defalcation period is 25.03.2011 and 31.03.2011 and that time petitioner was not a Chairman of Khadi Gram Udyog Sangh, Muzaffarpur and he has no concern with the godown of Gandhi Ashram, Hajipur rather he was elected as Chairman on 03.12.2018. It is also submitted that with respect to the said defalcation a committee was set up which has submitted its report against the co-accused Rangam Kumar and Vijay Thakur and they were dismissed from the post of Manager. The petitioner has no criminal antecedent and has been languishing in custody since 31.07.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Hajipur Town P.S. Case No.46 of 2020.

(Anjani Kumar Sharan, J) Trivedi/- U T