Nawal Kumar @ Nawal Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40485 of 2025 Arising Out of PS. Case No.-19 Year-2025 Thana- SRINAGAR District- West Champaran ====================================================== Nawal Kumar @ Nawal Kumar Yadav S/o Nathuni Yadav Vill.- Bathuwariya, Ward No. 09, PS- Bathuwariya, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Gupta, Adv.
For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in a case instituted for the offence punishable under Sections 316(2), 318(4) of Bharatiya Nyaya Sanhita.
3. The allegation against the petitioner is that, in his capacity as a weighing clerk at Tirupati Sugars Limited, Bagaha, he prepared a forged weighing slip and committed forgery by generating a fake entry of 09.55 quintals of sugar, allegedly by weighing the same vehicle twice.
Patna High Court CR. MISC. No.40485 of 2025(2) dt.15-07-2025 2/3
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has not committed any offence as alleged. It is further submitted that there is an inordinate and unexplained delay of more than one month in lodging the F.I.R., which casts doubt on the genuineness of the allegations. It is further submitted that the petitioner had recently joined the aforesaid Sugar Mill prior to the alleged incident, and if any discrepancy occurred, it was purely due to human error and without any criminal intent. It is further submitted that petitioner is ready to pay the alleged loss sustained by the company. It is also stated in paragraph 3 of the petition that the petitioner has no criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on
Patna High Court CR. MISC. No.40485 of 2025(2) dt.15-07-2025 3/3 bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Srinagar P.S. Case no. 19 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, subject to the conditions as laid down under section 438(2) of the Cr.P.C., with following condition(s):- (i) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bonds may be cancelled by the learned trial Court.
(S. B. Pd. Singh, J) Nirajkrs/- U T