Prem Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47039 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -PATRAKARNAGAR District- PATNA ====================================================== Prem Choudhary, son of Late Lal Devi Chaudhary, resident of Mahavir Mandir, Eastern Lane No 2, Bharat Sao, P.S.- Jakanpur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 09-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Patrakar Nagar P.S. Case No.35 of 2016 registered under Sections 467, 468, 471, 420 and 406/34 of the Indian Penal Code. The accusation is that one Nawal Kishore Paswan met with the informant and others and assured to provide job of Group-D post in the State Bank of India and AIIMS and, accordingly, Nawal Kishore Paswan and his associates received Rs.19,87,000/- from them by way of depositing the same in their Bank Accounts but the job was not provided to them. It is alleged that after interview, for providing the job in the State Bank of

Patna High Court Cr.Misc. No.47039 of 2016 (4) dt.09-01-2017 2/3 India, this petitioner had gone with Abhishek Kumar to Darbhanga for verification of the candidates.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the money was deposited by the informant and others for obtaining the job of Group-D post in the State Bank of India and AIIMS in the bank accounts of Dhiraj Kumar, Nawal Kishore Paswan, Navin Kumar, Manish Kumar and Nutan Sharan, as detailed in the F.I.R., and not in the bank account of the petitioner. The only allegation against the petitioner is that he had gone with Abhishek Kumar to Darbhanga after interview, for providing the job in the State Bank of India, for verification of the candidates, while no allegation has been made against the petitioner for negotiating with the informant and others to provide the job in the State Bank of India and AIIMS of Group-D post. In fact, the petitioner has falsely been implicated in this case only on suspicion with false allegation by the informant, who is an inimical terms with the petitioner. Further submission is that the petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail

Patna High Court Cr.Misc. No.47039 of 2016 (4) dt.09-01-2017 3/3 on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Miss Kiran Chaturvedi, 1st Class Judicial Magistrate, Patna, in connection with Patrakar Nagar P.S. Case No.35 of 2016, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T