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Patna High CourtCR. MISC./35612/2019bail granted

Nagendra Kumar v. The State Of Bihar

2019-07-19Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35612 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- DUMRA District- Sitamarhi ====================================================== NAGENDRA KUMAR Son of Late Maheshwar Prasad @ Mheshwar Sah Resident of Village - Bhutahi, P.S.- Sonbarsa, District- Sitamarhi ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-07-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Dumra P.S. Case No. 53 of 2019, instituted for the offence under Section(s) 419, 420, 406, 467 and 468 of Indian Penal Code.

Counsel for the petitioner submits that as per written report the victim is lady namely, Nutan Devi. But First Information Report has been lodged by practicing Advocate, Civil Court, Sitamarhi.

It is alleged in the written report that on 31.1.2019, the informant who is practicing Advocate in civil court, Sitamarhi, saw a lady Nutan Devi abusing the Advocates. She was chasing a person (petitioner) and caught him. She told that he had taken Rs.45,000/- from her. The petitioner anyhow freed

Patna High Court CR. MISC. No.35612 of 2019(3) dt.19-07-2019 2/3 himself and went inside the main building. The said lady caught him again. She told the informant that he was cheating the people by impersonating as Advocate for last three years and on the date of occurrence also, he was wearing a black coat and was cheating the clients. It is further alleged that by doing such act, the petitioner has defamed the entire Advocates fraternity and when questioned, the petitioner told the informant that he was an advocate clerk of Advocate Shri Ramanand Verma @ Nanhe Babu, but the said Advocate out-rightly denied this fact. Thereafter, the petitioner took the name of the Advocate Shri Hari Mohan Jha, but he also denied that the petitioner was his Advocate Clerk. Petitioner finally said that he was a law student and had the right to wear black coat.

Counsel for the petitioner submits that petitioner has no concern with the aforesaid lady. He is man of clean antecedent. He is law student and working as Munshi in the civil court.

Petitioner is in custody since 1.2.2019 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed.

Patna High Court CR. MISC. No.35612 of 2019(3) dt.19-07-2019 3/3 Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Dumra P.S. Case No. 53 of 2019, subject to the condition that both the bailors will be close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T