Sandeep Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58301 of 2023 Arising Out of PS. Case No.-1699 Year-2022 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Sandeep Kumar Choudhary S/O Suresh Choudhary R/O Village- Salempur Suturkhana, Salempur, Ps. Jamalpur, Dist. Munger ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rajesh Kumar Sah S/O Sri Rajendra Sah R/O Dan Nagar Ward No. 3, Ps. Khagaria Town, Dist.Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Ranjan For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 406, 420, 504 of the Indian Penal Code.

As per prosecution case, allegation against the accused persons including the petitioner is that they have cheated 9 lakhs 90,000/- and co-accused Gautam cheated 50,000/- from the complainant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner was only a member of an agreement which took place

Patna High Court CR. MISC. No.58301 of 2023(2) dt.04-09-2023 2/2 between the co-accused and the Complainant. He has falsely been implicated in this case. He has got no criminal antecedent. The petitioner has no concern with the alleged occurrence and no specific allegation levelled against him rather specific allegation of deceiving is levelled against co-accused Gautam Kumar. It is further submitted that there is two years delay in lodging the FIR. The petitioner has been languishing in judicial custody since 15.05.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Complaint Case No.1699 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkumar/- U T