Nagendra @ Nagendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34395 of 2024 Arising Out of PS. Case No.-131 Year-2015 Thana- MADHAURAH District- Saran ====================================================== Nagendra @ Nagendra Prasad Son Of Late Swaminath Pandit Resident Of Village- Aandar Bazar, Ps- Aandar, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kumari Anupam, Advocate For the Opposite Party/s :

Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Morhowrah P.S. case No. 131 of 2015 instituted for the offences under Sections 467, 471, 414, 468, 34 of the Indian Penal Code.

3. Prosecution case, in short, is that, one stolen Bolero vehicle was recovered from the co-accused Nawal Kishore. It is further alleged that, on enquiry, the co-accused Nawal Kishore stated that he had purchased the said vehicle from this

Patna High Court CR. MISC. No.34395 of 2024(2) dt.06-05-2024 2/3 petitioner.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was not apprehended on the spot rather his name has transpired only on the basis of disclosure made by the coaccused Nawal Kishore. No incriminating/looted article has been recovered from the conscious possession of the petitioner rather the vehicle in question has been recovered from the possession of co-accused Nawal Kishore. Learned counsel further submitted that petitioner has got no concern with the vehicle in question. It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.03.2024 and has one criminal antecedent in which he is on bail.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, nature of offence as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Court

Patna High Court CR. MISC. No.34395 of 2024(2) dt.06-05-2024 3/3 below/concerned Court in connection with Morhowrah P.S. case No. 131 of 2015.

(Rudra Prakash Mishra, J) Alok Verma/- U T