Nawal Gond @ Nawal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79886 of 2024 Arising Out of PS. Case No.-277 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Nawal Gond @ Nawal Sah Son of Chhotelal Gond Resident of Village- Gopal Nagar, Ward No. 2, P.S.- Bhairoganj, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-11-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Lauriya P.S. Case No. 277 of 2024 instituted for the offence under Sections 309(4) of the Bharatiya Nyaya Sanhita, 2023. 3.

Prosecution case in short is that when the informant was going with his goods, he was accosted with four unknown miscreants who have looted his 42 bags of Pan Masala which was loaded in the truck.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18-08-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.79886 of 2024(2) dt.18-11-2024 2/3 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation. It is submitted by learned counsel for the petitioner that some Pan Masala, which was looted by the other co-accused, was recovered from the shop of the petitioner, in which the petitioner clearly denies his involvement in loot, rather it was one Rakesh Kumar, who being wholesaler, had given the said Pan Masala for selling to the petitioner. It is next submitted that petitioner was not put on T.I. Parade.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lauriya P.S. Case No. 277 of 2024, subject to the following conditions:

(I) One of the bailors shall be own/close member of the

Patna High Court CR. MISC. No.79886 of 2024(2) dt.18-11-2024 3/3 family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T