Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41696 of 2023 Arising Out of PS. Case No.-220 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Motilal Sharma Son Of Late Bhairo Sharma Resident Of Village - Mahuawa, Ward No.- 08, Lohiyariya, P.S.- Chanpatia, District - West Champaran.

2.

Ramprabha Devi Wife Of Sri Motilal Sharma Resident Of Village - Mahuawa, Ward No.- 08, Lohiyariya, P.S.- Chanpatia, District - West Champaran.

3.

Sanju Kumari Daughter Of Sri Motilal Sharma Resident Of Village - Mahuawa, Ward No.- 08, Lohiyariya, P.S.- Chanpatia, District - West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Manif Alam Son of Late Alisher Miyan Resident of village - Senuwariya, Ward No.- 10, P.S.- Majhaulia, District - West Champaran. ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 48798 of 2023 Arising Out of PS. Case No.-220 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Chandan Kumar Son Of Motilal Sharma Resident Of Village- Mahuawa, Ward No 08, Ps -CHANPATIYA, Distt- West Champaran ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 41696 of 2023) For the Petitioner/s :

Mr. Abhishek Kumar For the State :

Mr. Surendra Kumar For the Opposite Party/s :

Mr. Arbind Kumar Singh (In CRIMINAL MISCELLANEOUS No. 48798 of 2023) For the Petitioner/s :

Mr. Rakesh Ranjan For the State :

Mr. Anil Prasad Singh For the Opposite Party/s :

Mr. Arbind Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2023 As both these bail applications have cropped up from

Patna High Court CR. MISC. No.41696 of 2023(3) dt.22-08-2023 2/3 the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

2. Heard learned counsel for the petitioners and learned A.P.P. for the State assisted by learned counsel for the informant.

3. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 420, 467, 406, 468, 504/34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners and other co-accused persons cheated Rs. 15,87,550/- from informant in the name of providing different contracts in C.R.P.F. and service in the C.R.P.F. of his son.

5. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submit that there is no specific overt act against the petitioners. Learned counsel for the petitioners submits that the petitioners are ready to give Rs. 8,87,550/- to the complainant/informant within a period of six months. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Patna High Court CR. MISC. No.41696 of 2023(3) dt.22-08-2023 3/3

6. Having regard to the facts and circumstances of the case and the fact that petitioners are ready to give Rs. 8,87,550/- to the informant, let the above named petitioners, be released on provisional bail for six months, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Majhaulia P.S. Case No.220 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. The learned Court below is directed to confirm the bail bond of the petitioners after satisfying himself that the petitioners have paid Rs. 8,87,550/- to the informant within a period of six months.

8. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) anand/- U T