Awadhesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76442 of 2023 Arising Out of PS. Case No.-980 Year-2018 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Awadhesh Prasad Son Of Chandrika Prasad Resident Of Village - Jhajhwa Bazar, P.S. - Sidhwalia, District - Gopalganj ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Lakhi Chand Prasad Son Of Late Jagranath Prasad Resident Of Village - Karasghat, P.S. - Mohammadpur, District - Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yogendra Tiwari For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a complaint case punishable for offence under Section 420 of the Indian Penal Code.

3. It is alleged that on the persuasion of this petitioner, the complainant deposited Rs. 50,000/- in P.A.C.L. India Ltd. Company for doubling the amount in seven years and after lapse of seven years, when the complainant contacted this petitioner for payment of Rs. One lakh, the petitioner said that he would get it after one week, but the payment was not made and thus, it is alleged that this petitioner has cheated the complainant.

4. It is submitted on behalf of petitioner that petitioner

Patna High Court CR. MISC. No.76442 of 2023(4) dt.18-04-2024 2/2 has been falsely implicated in this case and he has not cheated the complainant. Petitioner is posted as Assistant Teacher in a Government school and he has got no concern either with the money of complainant or the alleged company. Petitioner is only alleged to have suggested the complainant to deposit money in the said company and complainant himself had deposited the said money in the company. Petitioner has got clean antecedent.

5. Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Gopalganj in connection with Tr. No. 673 of 2023, arising out of Complaint Case No. 980 of 2018, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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