Naresh Kumar Nayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53031 of 2018 Arising Out of PS.Case No. -486 Year- 2017 Thana -SAUR BAZAR District- SAHARSA ====================================================== Naresh Kumar Nayak S/o Chhotelal Yadav, R/o Vill.- Kanp Tola, Lachhminiya, P.S.- Sour Bazar, District- Sharsa. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 379, 427, 384, 504/34 of the Indian Penal Code.

The allegation against the petitioner is of snatching Rs. 25,000/- from the pocket of informant.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in this case. Nothing has been recovered from possession of the petitioner. The informant had purchased the land of Math after the death of Mahanth Bednidhi Shastri and in that connection, a case bearing Saur Bazar P.S. Case No. 161 of 2010 had already been lodged against the informant. The petitioner is one of the staffs in hospital of the informant in question. When the salary was not being paid to the

Patna High Court Cr.Misc. No.53031 of 2018 (2) dt.20-09-2018 petitioner and other employees of the hospital, in question, they had approached the Labour Court and in retaliation to the same, the present case has been instituted by the informant. The other similarly situated co-accused namely, Pappu Kumar Yadav and Arun Kumar have been granted anticipatory bail by a coordinate bench of this court vide order dated 01-08-2018 passed in Cr. Misc. No. 45110 of 2018. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri R. K. Dubey, learned Judicial Magistrate, Saharsa in connection with Saur Bazar P.S. Case No. 486 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V./- U T