Laxman Prasad Chaurasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67970 of 2023 Arising Out of PS. Case No.-331 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== Laxman Prasad Chaurasia S/O Late Dwarika Bhagat @ Driarika Bhagat R/O Village- Harda Bazar, Harda O.P.- Maranga, P.S- K. Hat, Distt.- Purnea. ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

Raj Kumar Agrawal S/O Late Satyanarayan Agrawal R/O Ram Rajya Chowk, Gulab Bag, Ward No. 38, P.S- Sadar Purnea, Distt.- Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijendra Kumar Singh For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 406, 420, 504, 506 of the Indian Penal Code.

3. As per the prosecution case, On 13.10.2022, informant transferred Rs. 3,55,200/- through RTGS from HDFC Bank to Chaurasiya Traders for purchasing paddy. The informant disclosed that proprietor of Chaurasiya Traders is the petitioner and there was some business relations in between them and he used to transfer money as advance for purchasing paddy. He further alleged that due to enhancement of rate, the

Patna High Court CR. MISC. No.67970 of 2023(3) dt.24-01-2024 2/3 petitioner did not supply the goods and also not returned the aforesaid money. Thereafter, the informant went to the house of the petitioner for demanding money upon which petitioner abused and assaulted him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is not the proprietor of Chaurasiya Traders, the proprietor of the said company is petitioner's son. He further submits that the petitioner is ready to deposit the said amount i.e. Rs. 3,55,200/- in the Nazarat of learned Court below, which will be subject to final outcome of this case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.67970 of 2023(3) dt.24-01-2024 3/3 Court below where the case is pending/successor Court in connection with Sadar P.S. Case No. 331 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. The learned Court below is directed to accept the bail bond of the petitioner after satisfying that the petitioner has deposited the said amount i.e. Rs. 3,55,200/-, which will be subject to final outcome of this case.

(Anjani Kumar Sharan, J) anand/- U T