Laddu Nut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47608 of 2019 Arising Out of PS. Case No.-132 Year-2019 Thana- SIMRI District- Buxar ====================================================== 1.
LADDU NUT, aged about 25 years, Male, Son of Suresh Nut, Resident of Village - Gopalpur, P.S.- Simri, District- Buxar 2.
Shambhu Nut, aged about 27 years, Male, Son of Surendar Nut, Resident of Village - Gopalpur, P.S.- Simri, District- Buxar 3.
Rahul Nut, aged about 28 years, Male, Son of Bijay Nut, Resident of Village - Gopalpur, P.S.- Simri, District- Buxar 4.
Bawala Nut, aged about 26 years, Male, Son of Surendra Nut, Resident of Village - Gopalpur, P.S.- Simri, District- Buxar ... Petitioners
Versus
THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Bachan Jee Ojha, Adv.
For the Opposite Party :
Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-07-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the state.
The petitioners seek pre-arrest bail in connection with Simri P.S. Case No. 132 of 2019 for the offences alleged under Sections 406, 420 and 34 of the Indian Penal Code. The accusation is that on 01.04.2019 petitioners 1, 3 and 4, along with Khattar Yadav, came at the door of the informant, Krishna Kumar Yadav, and made demand of his bull for keeping with the cows with assurance to return the same, then, informant handed over his bull, but, they did not return the bull within the stipulated period. Thereafter, the informant went to the village of petitioner no. 3 for returning the bull they told that his bull has gone at a long distance and if the informant will pay Rs.15,000/- they will try to take the bull.
Patna High Court CR. MISC. No.47608 of 2019(2) dt.31-07-2019 2/2 Learned counsel appearing for the petitioners submits that in fact the bull of the informant moved from the house of the informant and when on search it was not found, mere on suspicion the informant lodged the present case with false story. Petitioners have no criminal antecedent.
Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.
Having regard to the facts and circumstances of the case, let the petitioners, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Simri P.S. Case No. 132 of 2019 shall be released on pre-arrest bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, IV, Buxar, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.
(Rajendra Kumar Mishra, J) Shamshad/- U T