Patna High CourtCR. MISC./60532/2017bail granted

Nawlesh Kumar @ Nawlej v. The State Of Bihar

2017-12-21Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60532 of 2017 Arising Out of PS.Case No. -71 Year- 2013 Thana -SIRDALA District- NAWADA ====================================================== Nawlesh Kumar @ Nawlej son of Amirak Yadav @ Ambika Prasad, resident of village- Mirjapur, Tola- Newalchak, P.S- Meskaur, DistrictNawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the State : Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Sirdalla (Meskaur) P.S.Case No.71 of 2013 registered under Sections 147, 120B, 420, 467, 468, 471, 353, 384 and 504/34 of the Indian Penal Code.

It is stated that before filing the complaint which was referred to the police under Section 156(3) of the Code of Criminal Procedure (for short 'the Cr.P.C.') for investigation neither any information was given to the S.H.O. of the police station under Section 154(1) of the Cr.P.C. nor the substance of accusation was sent to the Superintendent of Police under Section

Patna High Court Cr.Misc. No.60532 of 2017 (3) dt.21-12-2017 2/2 154(3) of the Cr.P.C. It is further contended that the informant is an Ex-Mukhiya and has brought the present case against his political rival out of malice.

Learned counsel for the State opposed the prayer for grant of pre-arrest bail to the petitioner.

Considering the facts and circumstances of the case and the submissions made above, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is directed to 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, Nawada in connection with Sirdalla (Meskaur) P.S. Case No.71 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T