Nawal Kishore Prasad @ Nawal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82284 of 2023 Arising Out of PS. Case No.-35 Year-2016 Thana- BARACHATTI District- Gaya ====================================================== NAWAL KISHORE PRASAD @ NAWAL, Son Of Ramdeo Pd. Mehta @ Ramdeo Prasad Mehta Resident Of Village - Rohi, P.S. - Barachatti, District - Gaya ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Binod Kumar Sinha, Advocate For the State :
Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-01-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 467, 468, 471, 420, 387 and 120B of the Indian Penal Code.
3. The prosecution case, as lodged by the informant, is that on receiving secret information about a stolen truck, which was parked near the house of co-accused Guddu Khan @ Sadab Khan, the informant along with other police personnel arrived at the house of the co-accused Guddu Khan @ Sadab Khan where the truck was parked and seizure list was prepared. It is also alleged that the forged document of the truck was also recovered from the house of co-accused Guddu Khan @ Sadab Khan.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.82284 of 2023(2) dt.18-01-2024 2/3 behalf of the petitioner that the petitioner has been made an accused in this case only on suspicion. There is no specific allegation against the petitioner and no objectionable document has been recovered from his possession, rather the recover was made from the possession of co-accused Guddu Khan @ Sadab Khan and the petitioner has got no concern with the said coaccused. It is further submitted that similarly situated coaccused persons have been granted the privilege of anticipatory bail by Coordinate Benches of this Hon'ble Court in Cr. Misc. No. 17653 of 2016 and Cr. Misc. No. 21884 of 2016. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail.
6. Considering the aforesaid facts and circumstances and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged 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 A.C.J.M., Sherghati, Gaya, in connection with Barachatti P.S. Case No.35 of 2016, subject to condition as
Patna High Court CR. MISC. No.82284 of 2023(2) dt.18-01-2024 3/3 laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T