Allowed

Prem Kumar Chaudhary v. The State of Bihar

Patna HC19 Apr 2024CR. MISC./16518/2024

Case brief

AI extract

What is this about?

Anticipatory bail application by a co-accused alleged to have helped prepare forged land documents. Court granted anticipatory bail on furnishing bail bond of Rs. 20,000 with two sureties, subject to Section 438(2) CrPC conditions.

What did the court decide?

Anticipatory bail granted; arrest/surrender within six weeks, bail bond Rs. 20,000 with two sureties of like amount, subject to Section 438(2) CrPC conditions.

Prem Kumar Chaudhary Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16518 of 2024

¶2

Arising Out of PS. Case No.-13 Year-2023 Thana- BACHHWARA District- Begusarai

¶3

====================================================== Prem Kumar Chaudhary SON OF LATE HILASH CHAUDHARY RESIDENT OF VILLAGE- FATEHA, PS- BACHCHWARA, DISTBEGUSARAI

¶4

... ... Petitioner/s

¶5

Versus

¶6

The State of Bihar BIHAR

¶7

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sabal Kumar Jha, Adv. For the Opposite Party/s : Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

¶8

ORAL ORDER

¶9

2 19-04-2024

¶10

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

¶11

2. The petitioner is apprehending his arrest in connection with Bachhwara P.S. Case No. 13 of 2023 dated 15.01.2023 registered for the offences punishable under Sections 468, 420, 427 read with 34 of the Indian Penal Code.

¶12

3. As per the prosecution case, the co-accused Pankaj Kumar came to purchase the land of the informant and agreed to deposit half of the amount and the rest amount at the registry of the land but the co-accused Pankaj Kumar prepared kewala document twice without payment. Thereafter, the informant did not appear and as a result, it was cancelled. Despite, the earlier kewala rejection on 21.10.2007, the co-accused Pankaj Kumar

¶13

Patna High Court CR. MISC. No.16518 of 2024(2) dt.19-04-2024 2/3

¶14

prepared a forged and fabricated document on 20.02.2007 with the help of the petitioner and other co-accused persons.

¶15

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner has no knowledge that the co-accused, Manoj Kumar Chaudhary has prepared a forged paper in which, the forged signature of the petitioner has taken by him. Learned counsel has further submitted that there is a delay of 16 years in lodging the FIR from the date of knowledge with respect to commission of crime and 10 years from the date of giving application. It is further submitted that the petitioner has no concern with the alleged offence. The co-accused person has already been granted anticipatory bail by this court vide order dated 10.01.2024 passed in Cr. Misc. No. 73819 of 2023. The petitioner has three criminal antecedents as stated in para 3 of the bail petition.

¶16

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

¶17

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be

¶18

Patna High Court CR. MISC. No.16518 of 2024(2) dt.19-04-2024 3/3

¶19

enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Teghra, Begusarai in connection with Bachhwara P.S. Case No.13 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

¶20

7. The application stands allowed.

¶21

(Chandra Prakash Singh, J)

¶22

Gautam/-

¶23

U T

Prem Kumar Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Prem Kumar Chaudhary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Pawan Tiwari @ Pawan Vs the State of Bihar

Kapil Sah Vs The State of Bihar

Anil Kumar Vs The State of Bihar

Abhishek Kumar Vs The State of Bihar

Sunil Thakur Vs The State of Bihar

Amarendra Kumar Singh @ B P Mandal Vs The State of Bihar