Nand Lal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69610 of 2021 Arising Out of PS. Case No.-271 Year-2021 Thana- BALIYA District- Begusarai ====================================================== Nand Lal Kumar S/o Jai Prakash Choudhary @ Jay Prakash Choudhary R/o village- Mathurapur, Ward No. 01, P.S.- Ballia, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Ballia P.S. Case No. 271 of 2021 registered under Section 379, 461, 511, 411, 413 and 34 of the Indian Penal Code read with Sections 25(1-b)a, 26 and 35 of the Arms Act Learned counsel for the petitioner submits that petitioner is in custody since 23.08.2021, is a person with clean antecedent, charge-sheet has been submitted in the case and the informant alleges that he along with the help of local people apprehended one of the accused namely Sonu while two accused fled who were trying to commit theft in his shop, it is further alleged that Sonu disclosed the name of this petitioner and Natwar as accused who fled, it is further alleged that from Sonu one country made pistol with five live cartridges and a mobile phone was recovered along with a motorcycle.

Patna High Court CR. MISC. No.69610 of 2021(2) dt.11-05-2022 2/2 Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case for the reason that the motorcycle belongs to him and Sonu being a friend had taken his motorcycle and when he was arrested the police based on the fact that the motorcycle belongs to the petitioner also implicated when admittedly petitioner was not arrested from the spot.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 23.08.2021, is a person with clean antecedent and chargesheet has been submitted in the case and taking into consideration the submission made by the learned counsel for the petitioner, let the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ballia P.S. Case No. 271 of 2021 with a condition that one of the bailors shall be the father of the petitioner namely Jai Prakash Chaudhary @ Jay Prakash Chaudhary. (Satyavrat Verma, J) ved/- U T