Chandan Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2736 of 2021 Arising Out of PS. Case No.-42 Year-2020 Thana- SIDHWALIYA District- Gopalganj ====================================================== Chandan Kumar Singh, male, aged about 27 years, Son of Binod Singh, Resident of Village - Sharamjeevi Nagar, P.S. - Sadar Bhagwanpur, Gali & Road No. 9, Muzaffarpur, District - Muzaffarpur (BIHAR). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindhyachal Singh, Adv.
For the Informant :
Mr. Harendra Prasad, Adv.
For the State :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-10-2021 Heard Mr. Bindhyachal Singh, the learned Senior Advocate for the petitioner and Mr. Harendra Prasad, the learned counsel for the informant. The State is represented by Md. Aslam Ansari, the learned APP.
The petitioner seeks bail in anticipation of his arrest in connection with Sidhwalia P.S. Case No. 42 of 2020, dated 05.03.2020, instituted for the offences under
Patna High Court CR. MISC. No.2736 of 2021(6) dt.05-10-2021 2/3 Sections 406, 420, 468 and 34 of the Indian Penal Code. The accusation in the F.I.R. is that the petitioner extracted money from the informant and many others for providing them job in Railways and in Indian Military. Mr. Singh has submitted that no details have been provided in the F.I.R. or in the counter affidavit regarding payment made to the petitioner by the informant and his friends for procuring job. He further submits that out of the two bank account numbers, one does not belong to him. It has further been submitted that this case has been orchestrated by one of the cousins of the petitioner who has definite axe to grind against him.
Without any advertisement, it has been argued, nobody could get a job and the accusation therefore, on face of it, does not inspire confidence. The informant and his associates ought to have known that in a Government organization, jobs cannot be given in the manner in which it was suggested to them. It has also been submitted that there has been an unusual delay in lodging the F.I.R.
Be that as it may, regard being had to the fact that
Patna High Court CR. MISC. No.2736 of 2021(6) dt.05-10-2021 3/3 many persons had paid money to the petitioner for providing jobs to them and the petitioner took advantage of their gullibility, I am not inclined to grant anticipatory bail to him. The prayer for grant of anticipatory bail of the petitioner is, accordingly, rejected.
However, if he surrenders before the Court below and seeks bail, the Court below shall consider the case on its own merits, keeping in mind that the details of such persons have not been provided in the F.I.R. who were said to have deposited money in the bank account of the petitioner and that the accusation has been levelled at the instance of one of his cousins, and shall pass order in accordance with law without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.
The application stands dismissed.
(Ashutosh Kumar, J) Praveen-II/- U T