Nawal Kishore Yadav @ Naval Kishor Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49209 of 2024 Arising Out of PS. Case No.-332 Year-2023 Thana- ALOULI District- Khagaria ====================================================== Nawal Kishore Yadav @ Naval Kishor Yadav, Male, aged about 58 years, Son of Late Mahendra Yadav, Resident of Village - Meghauna, Police Station - Alauli, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-10-2024 Heard Mr. Ranjan Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Nand Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Alauli P.S. Case No. 332 of 2023 registered for the offence(s) punishable under Sections 363, 365, 379 and 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the accused persons including the petitioner had kidnapped the brother of the informant. Later on, it has been found that he has been

Patna High Court CR. MISC. No.49209 of 2024(2) dt.25-10-2024 2/3 forcibly married with one Khushboo Kumari.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is common relative of the informant and the accused persons and is nowhere involved in alleged kidnapping of victim Vikash Kumar. Learned counsel further submitted that the victim's statement was recorded under Section 164 Cr.P.C. in which, he has denied any participation of the petitioner in the alleged kidnapping.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, as well as, the fact that petitioner is common relative and it appears that due to grudge, he has been made accused in the present case, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, 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, Khagaria in connection with Alauli P.S. Case No. 332 of 2023, subject to the

Patna High Court CR. MISC. No.49209 of 2024(2) dt.25-10-2024 3/3 conditions as laid down under Section 438(2) of the Cr.P.C.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T