Vijay Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82813 of 2024 Arising Out of PS. Case No.-1143 Year-2016 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Vijay Kumar Chaudhary Son of Late Tara Kant Chaudhary, Resident of Village/Mohalla - ChakDaulat, P.S.- Ujiyarpur, District- Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Niranjan Prasad Singh S/o Sri Kanhaiya Singh, R/O Vill.- Bihat, P.S.- Barauni (F.C.I O.P ), District- Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate Mr. Raghubir Chandrayan, Advocate For the State :

Mr. Uday Chand Prasad, APP For the Informant :

Mr. Ritesh Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 04-02-2025 Heard learned counsel for the petitioner, Mr. Uday Chand Prasad, learned APP for the State and learned counsel for the Informant.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

3. The case of the prosecution based on complaint petition is that accused nos. 2 and 4, namely, Ajit Kumar Chaudhary and Balram Kumar Chaudhary have taken loan of Rs. 22 Lakhs from the complainant and in lieu of that they have issued a cheque which got dishonored.

4. Learned counsel appearing on behalf of the petitioner has submitted that though the petitioner has been arrayed as an accused in the complaint petition, there is no specific allegation

Patna High Court CR. MISC. No.82813 of 2024(3) dt.04-02-2025 2/2 regarding issuance of cheque. The petitioner is in custody since 19.09.2024.

5. Learned counsel for the complainant has submitted that the petitioner is having criminal antecedent of four cases of similar nature and that in trial court they have agreed to settle the case in any view of the matter.

6. The application for bail is also opposed by learned APP for the State.

7. Having heard learned counsel for the parties and considering that there is no specific allegation against this petitioner in the complaint case and his period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court of Judicial Magistrate- 1st Class, Begusarai in connection with Begusarai Complaint Case No.1143C of 2016.

8. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T