Nawal Kishore Prasad Yadav @ Awadh Kishore Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8395 of 2019 Arising Out of PS. Case No.-72 Year-2013 Thana- MANIYARI District- Muzaffarpur ====================================================== NAWAL KISHORE PRASAD YADAV @ AWADH KISHORE RAI Son of Late Brij Nandan Rai Resident of Village - Dharmuhan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sinha For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 392/34 and 411 of the Indian Penal Code.

Prosecution case, in short, is that that the loaded truck of the informant was looted by the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.12.2018 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The petitioner is not named in the F.I.R.. The stolen property is said to have been

Patna High Court CR. MISC. No.8395 of 2019(3) dt.18-04-2019 2/2 recovered from a godown which belonged to the PACS. The petitioner happens to be the Chairman of the PACS. Hence , he has been made accused. The lock of the godown was found to be in broken condition. The petitioner had no knowledge regarding the same.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released 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. 3rd, West, Muzaffarpur in connection with Maniyari P.S. Case No. 72/2013.

(Sudhir Singh, J) Pankaj/- U T