Surendra Chaudhary Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Surendra Chaudhary Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail upon arrest/surrender within six weeks, on furnishing bail-bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, subject to Section 438(2) CrPC conditions and to deposit of Rs. 30,000/- in cash in the Nazarat of the Civil Court, Vaishali at Hajipur, such payment being subject to the final outcome of the case; failure to comply permits the Court below to cancel the bail-bond.

Issue for consideration

Whether the prayer for grant of anticipatory bail to the petitioner, who apprehends arrest in Rajapakar (Baranti) P.S. Case No. 199 of 2023, should be allowed. +1 more

Court's answer

The prayer for grant of anticipatory bail to the petitioner is allowed, considering the facts and circumstances of the case.

Ratio / Principle

In the event of arrest or surrender within six weeks, the petitioner is to be enlarged on bail on furnishing a bail-bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Rajapakar (Baranti) P.S. Case No. 199 of 2023.

Key takeaways

Condition imposed: at the time of furnishing the bail-bond, Rs. 30,000/- shall be deposited through cash in the Nazarat of the Civil Court, Vaishali at Hajipur.ratio¶18
The said payment (deposit of Rs. 30,000/-) shall be subject to the final outcome of the case.ratio¶19
If the petitioner fails to comply with the deposit direction, the Court below is free to cancel the bail-bond of the petitioner.ratio

Detailed headnote1 paragraphs

Criminal Miscellaneous No. 2780 of 2024 — Surendra Chaudhary v. The State of Bihar (High Court of Judicature at Patna, Prabhat Kumar Singh, J., oral order, 19-03-2024): Anticipatory bail allowed to a petitioner apprehending arrest in Rajapakar (Baranti) P.S. Case No. 199 of 2023 (District Vaishali), registered for offences under Sections 120B, 467, 468, 471, 420, 409, 506 and 34 of the Indian Penal Code, the prosecution alleging that FIR-named accused including the petitioner misappropriated deposits made by the informant and others in Adarsh Sahyog Samiti. Enlargement on bail is conditioned on arrest/surrender within six weeks, a bail-bond of Rs. 10,000/- with two sureties of the like amount each before the Chief Judicial Magistrate, Vaishali at Hajipur, compliance with Section 438(2) of the Code of Criminal Procedure, and deposit of Rs. 30,000/- in cash in the Nazarat of the Civil Court, Vaishali at Hajipur, such payment being subject to the final outcome of the case; non-compliance entitles the Court below to cancel the bail-bond. The order was expressly passed without going into the merits of the case, solely for the purpose of grant of bail.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2780 of 2024

Arising Out of PS. Case No.-199 Year-2023 Thana- RAJAPAKAR District- Vaishali

======================================================

SURENDRA CHAUDHARY SON OF LATE BECHAN CHAUDHARY RESIDENTS OF VILLAGE - MAJHAULI, POLICE STATION - BIDUPUR, DISTRICT - VAISHALI

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Ashok Kumar Mishra, Advocate For the State : Mr. Anil Kumar, APP For the informant : Ms. Rina Sinha, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 19-03-2024 Heard learned counsels for the parties.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 120B, 467, 468, 471, 420, 409, 506 and 34 of the Indian Penal Code.

As per prosecution case, all the F.I.R. named accused persons, including this petitioner, misappropriated the amount deposited by the informant and others in Adarsh Sahyog Samiti.

At the outset, learned counsel appearing on behalf of the petitioner submits that the petitioner is ready to deposit/refund Rs. 30,000 (Thirty thousand rupees ), the amount which is alleged to have been taken by this petitioner from the

Patna High Court CR. MISC. No.2780 of 2024(3) dt.19-03-2024 2/3

informant.

Considering the facts and circumstances of the case, the prayer for grant of anticipatory bail to the petitioner is allowed.

Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Rajapakar (Baranti) P.S. Case No.199 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure, with further following conditions:-

“ A . At the time of furnishing bail-bond Rs. 30,000/- (Rupees thirty thousand) shall be deposited through cash in the Nazarat of the Civil Court, Vaishali at Hajipur.

B . The aforesaid payment shall be subject to the final outcome of the case.

C . If petitioner fails to comply the aforesaid direction of this Court, the Court below is free to cancel the bail-bond of the petitioner.”

It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the

Patna High Court CR. MISC. No.2780 of 2024(3) dt.19-03-2024 3/3

purpose of grant of bail.

(Prabhat Kumar Singh, J)

shashank/-

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