Ashok Kumar Nishad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52852 of 2017 Arising Out of PS.Case No. -53 Year- 2016 Thana -NIYAMCHANDPUR District- BEGUSARAI ====================================================== Ashok Kumar Nishad, Son of Late Kusho Sahni, Resident of village and P.O.- Chandpura, P.S.- Neema Chandpura, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 09-11-2017 Heard learned counsels for the petitioner and the State.

The petitioner apprehends his arrest in connection with Neema Chandpura P. S. Case No. 53 of 2016 instituted under Sections 420 and 406/34 of the Indian Penal Code. Allegation in brief is that a pond of fisheries was settled with the informant by Begusarai Prakhand Matsyajivi Sahyog Samiti Ltd. and she paid settlement amount to one Balmiki Sahni, brother of the petitioner and it is alleged that no acknowledgement receipt of money was given by Balmiki Sahni and when the informant went to his house then this petitioner, brother of Balmiki Sahni, said that receipt will not be given. Learned counsel for the petitioner submits that petitioner has not received any money from the informant rather as

Patna High Court Cr.Misc. No.52852 of 2017 (2) dt.09-11-2017 2/2 per allegation money was paid to his brother and petitioner is a Government school teacher and has got no criminal antecedent and accused Balmiki Sahni too has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 14.12.2016 passed inn Cr. Misc. No. 53804 of 2016.

Having considered the aforesaid facts and circumstances, let the petitioner, namely, Ashok Kumar Nishad, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon 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.-VI, Begusarai in connection with Neema Chandpura P.S.Case No. 53 of 2016; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.

(Arun Kumar, J) Sujit/- U T