Basant Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55388 of 2023 Arising Out of PS. Case No.-109 Year-2017 Thana- ARWAL District- Jehanabad ====================================================== Basant Chaudhary Son Of Late Karu Chaudhary Resident Of Village - Muradpur Huzara, P.S. - Arwal, District - Arwal ... ... Petitioner/s

Versus

The State Of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Arwal P.S. Case No. 109 of 2017 dated 05.06.2017 registered for the offences punishable u/s 409 and 420 of the Indian Penal Code.

4. As per the prosecution case, the FIR has been lodged against the Branch Manger, Madhya Bihar Gramin Bank, Bedarabad Branch, Arwal stating that during his tenure (01.09.2012 to

Patna High Court CR. MISC. No.55388 of 2023(2) dt.31-08-2023 2/3 23.12.2014), he committed defalcation of Government money to the tune of Rs. 3,48,33,646.094/- in connection with the issuance of KCC and other types of loan. It is alleged that 799 loans were given to different persons and the Land Possession Certificate (LPC) were found to be false while some of the lonee did not have even given their case.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The name of the petitioner has surfaced during the course of investigation. The petitioner is a loanee. The specific allegation is against the Bank Manager, Madhya Gramin Bank, Bedarabad Branch, Arwal who has already been granted bail by the co-ordinate bench of this court vide order dated 28.08.2023 passed in Cr. Misc. No. 54768 of 2023. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.05.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Arwal in

Patna High Court CR. MISC. No.55388 of 2023(2) dt.31-08-2023 3/3 connection with Arwal P.S. Case No. 109 of 2017.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T