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Patna High CourtCR. MISC./64710/2024bail granted

Shashi Shekhar @ Shashi Shekhar Chaudhary v. The State Of Bihar

2024-09-27Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64710 of 2024 Arising Out of PS. Case No.-199 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== 1.

Shashi Shekhar @ Shashi Shekhar Chaudhary Son of Ladant Chaudhary R/O Vill.- Majhauli, P.S.- Bidupur, Dist.- Vaishali 2.

Suresh Thakur Son of Late Balishth Thakur R/O Vill.- Bidupur, P.S.- Rajapakar, Dist.- Vaishali 3.

Shyam Babu Thakur Son of Late Balishth Thakur R/O Vill.- Bidupur, P.S.- Rajapakar, Dist.- Vaishali 4.

Ashok Thakur @ Ashok Kumar Thakur Son of Late Sita Ram Thakur R/O Vill.- Bidupur, P.S.- Rajapakar, Dist.- Vaishali 5.

Police Rai Son of Late Sagar Rai R/O Vill.- Dayalpur, P.S.- Rajapakar, Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Rajapakar (Baranti O.P.) P.S. Case No. 199 of 2023 registered under Sections 120B, 467, 468, 471, 420, 409, 506 and 34 of the Indian Penal Code.

3. As per prosecution case, all the F.I.R. named accused persons, including these petitioners, misappropriated the amount deposited by informant and others in Adarsh Sahyog Samiti.

Patna High Court CR. MISC. No.64710 of 2024(2) dt.27-09-2024 2/3

4. Learned counsel appearing on behalf of the petitioners submits that though the petitioners are named in the First Information Report, but there is no allegation levelled against these petitioners that any rupee of anyone was received by them. Allegations against these petitioners are general and omnibus. It is next submitted that petitioners are not at all concern or connected with "Adarsh Sahyog Samiti". There was no Sahyog Samiti or the bank. As a matter of fact, co-accused Binod Chaudhary, Chandra Shekhar Thakur, and Surendra Chaudhary had run a group and took deposits on monthly and yearly basis from their members. Informant and others were members of that group who deposited money either monthly or yearly basis, and on the term or the requirement of the members, their deposited amounts were paid.

5. Learned A.P.P. appearing on behalf of the State opposed the bail application.

6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.64710 of 2024(2) dt.27-09-2024 3/3 of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Rajapakar (Baranti O.P.) P.S. Case No. 199 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T