Kameshwar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3741 of 2020 Arising Out of PS. Case No.-15 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== 1.

KAMESHWAR PANDEY Son of Bharat Pandey Resident of Village - Mangalpur Kalan, P.S.- Nautan, District- West Champaran 2.

Praveen Tiwari Son of Rameshwar Tiwari Resident of Village - Mangalpur Kalan, P.S.- Nautan, District- West Champaran ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sachida Nand Rai For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 22-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

At the outset, learned counsel for the petitioners submits that the petitioner no. 1 was arrested during pendency of the present application. As such, learned counsel for the petitioner seeks permission to withdraw the present application as against petitioner no. 1.

Permission is accorded.

The application against petitioner no. 1 is dismissed as withdrawn.

The petitioner no. 2 apprehends his arrest in connection with Nautan P.S. Case No. 15 of 2019 for the

Patna High Court CR. MISC. No.3741 of 2020(2) dt.22-06-2020 2/2 offence registered under Sections 419, 420, 504, 506, 447, 385, 387/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that petitioner no. 2 is innocent and has falsely been implicated in the present case. It is further submitted that there is no any specific allegation of overt act nor there is any allegation for getting the sale deed executed in his favour. It is further submitted that the petitioner has no criminal antecedent. Having considered the facts and circumstances of the case, let the petitioner no. 2, namely Praveen Tiwari, be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bail bond to the satisfaction of the Chief Judicial Magistrate, West Champaran in connection with Nautan P.S. Case No. 15 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Jagdish/- U T