Prem Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40727 of 2018 Arising Out of PS.Case No. -827 Year- 2017 Thana -DANAPUR District- PATNA ====================================================== Prem Choudhary S/o Late Laldeo Choudhay, R/o Vill.- Purandarpur, P.S.- Jakkanpur, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Kumar Rajeev, Advocate Mr. Binay Kumar Singh, Advocate For the Informant : Mr. Ashok Kumar Chaudhary, Advocate Mr. A. Ankit, Advocate For the Opposite Party : Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2018 Heard the parties.

The petitioner seeks regular bail in connection with Danapur P.S.Case No. 827 of 2017 registered for the offence under Sections 420, 406, 468, 471 and 120(B) of the I.P.C. Allegation as per FIR against the petitioner is that the petitioner is running the NGO, namely, Swarn Jyanti Sewa Samity and it is alleged that the said NGO had been promised job to innocent persons after taking money for appointment of various government/non-government posts. It is further alleged that huge amount was also collected on the pretext of providing job to the informant and others but no job was provided to any of the candidates.

Submission of the learned counsel for the petitioner is that not a single chit of receipt or paper has been brought on record of the case to show that money was paid by the informant in the present case and the petitioner is in custody since

Patna High Court Cr.Misc. No.40727 of 2018 (4) dt.24-09-2018 2/2 04.01.2018. It is further submitted that similarly situated coaccused persons have been granted bail by different co-ordinate benches of this Court vide order dated 04.07.2018, passed in Cr. Misc. No. 24565 of 2018, vide order dated 17.07.2018, passed in Cr. Misc. No. 28358 of 2018, vide order dated 19.07.2018 passed in Cr. Misc. No. 25129 of 2018 and vide order dated 02.07.2018 passed in Cr. Misc. No. 34576 of 2018.

Heard learned A.P.P. as well as learned counsel for the informant opposes the prayer for bail with submission that the petitioner being the chairman of the said NGO, had also proceeded to issue fake appointment letters and at Paragraph Nos. 127 and 136 of the Case Diary shows the involvement of the petitioner for such act and in that way, the bail of the petitioner in one similar nature of case was earlier rejected by a coordinate Bench of this Court vide order dated 31.07.2018 passed in Cr. Misc. No. 39764 of 2018.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner. It is, accordingly, rejected. However, the trial Court is directed to expedite the trial.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) Sudha/- U T