Nawal Kishore Sharma @ Nawal Kishore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26175 of 2016 Arising Out of PS.Case No. -11 Year- 2016 Thana -MEHANDIA District- JEHANABAD ====================================================== Nawal Kishore Sharma @ Nawal Kishore Son of Vasuki Sharma Resident of Village- Belsar PS Mehandia District Arwal. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Santosh Kumar Pandey, Advocate For the State : Mr. Sri Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 01-07-2016 I have heard learned counsel for the petitioner and the State.

The petitioner apprehends her arrest in a case registered for offences punishable under Sections 420, 467, 468, 471, 120B of the Indian Penal Code and Section 7 of Essential Commodities Act.

As per allegation co-accused Anil Kumar Sharma in connivance of the petitioner and others procured paddy from the agriculturists on the basis of forged rent receipts. It is contended that PACS Chairman Anil Kumar Sharma has already been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 3.5.2016 passed in Cr.Misc. No. 15621 of 2016. A copy of which has been produced

Patna High Court Cr.Misc. No.26175 of 2016 (2) dt.01-07-2016 2/2 at the time of hearing, let it be kept on record. It is further contended that the petitioner is ready to return Rs. 50,000/- which he has got as bonus. It is also stated that the fact is that the petitioner's paddy has been procured by the PACS. Having regard to the facts and circumstances of the case, let petitioner Nawal Kishore Sharma @ Nawal Kishore be released on bail in the event of arrest/surrender before the court below within a period of six weeks from today in Mehandia P.S. Case No. 11/2016, on furnishing bail bond of Rs.

10,000 (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Arwal subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure with a further condition that at the time of furnishing bail bond the petitioner would deposit Rs. 50,000/- before the court below. However, such payment would be subject to the final result of the concerned case and without prejudice the defence of the petitioner which he should be taken by him in the case concerned.

(Dr. Ravi Ranjan, J) Spd/- U T