Ravindra Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.909 of 2022 Arising Out of PS. Case No.-82 Year-2021 Thana- MANPUR District- West Champaran ====================================================== 1.

Ravindra Kumar Chaudhary Son Of Banwari Lal Chaudhary Resident Of Village - Building No.501, Raunak Garden Apartment , Saguna More, P.S.- Danapur, Danapur, Distt.- Patna Pin- 801503.

2.

Shashi Kumar Chaudhary @ Gopi Lal Chaudhary Son Of Banwari Lal Chaudhary Resident Of Village - F-4b, Pushp Vihar Apartment, Exhibition Road, P.S.- Gandhi Maidan, Distt.- Patna, Pin-800001 ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Vinay Krishna Tripthy, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2022 Heard learned counsel for the petitioners, the State and the informant.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 420/379 and other allied sections of the Indian Penal Code.

Prosecution's case in short is that these petitioners breached the terms of agreement and misappropriated Rs.15 lacs and caused loss of 30 lacs to the informant.

Learned counsel appearing for the petitioners submits that at best petitioner 1 can be alleged to have breached the terms of agreement, as such, no criminal offence is made out against him. So far as petitioner no.2 is concerned, he is neither

Patna High Court CR. MISC. No.909 of 2022(2) dt.21-07-2022 2/2 owner of the land in question nor he has any role in the transaction. More so, the dispute arises out of commercial transaction or a contractual dispute. Petitioners have got no criminal antecedent.

Learned counsel appearing for the State as well as the informant oppose the prayer for bail.

Considering the aforesaid facts of the case, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, West Champaran, Bettiah in Manpur Police Station Case No. 82 of 2021, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) shashi/- U T