Gopal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13033 of 2015 Arising Out of PS.Case No. -27 Year- 2014 Thana -WEST CHAMPARAN GRP CASE DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Gopal Prasad son of Late Panalal Sah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakti Suman Kumar, Advocate For the Opposite Party/s : Mr. Anil Kr. Singh No.1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-05-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 414/34 of the Indian Penal Code.

It is alleged by the informant that on secret information four persons were apprehended from the Sapt Kranti Super Fast Express from whom 13 kg of silver, on suspicion being smuggled to Nepal, were seized.

It is submitted by learned counsel for the petitioner that name of the petitioner sprang up when the apprehended coaccused suggested that they are employee of this petitioner, who carries the business of silver and gold. The petitioner filed a writ application being CWJC No. 21357 of 2014 to the effect that actually 41 kilo 450 grams of silver was seized but the railway

Patna High Court Cr.Misc. No.13033 of 2015 (2) dt.06-05-2015 2/2 police has misappropriated the silver and shown the seizure of only 13 kilo grams of silver. The petitioner has also filed Complaint Case No. 872 of 2014 before the learned Chief Judicial Magistrate, West Champaran against the railway authorities and, thereafter, the petitioner has been robbed in the present case. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Bettiah in connection with Narkatiaganj Rail P.S. Case No.27 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T