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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86246 of 2019 Arising Out of PS. Case No.-622 Year-2019 Thana- DANAPUR District- Patna ====================================================== NAWAL SHARMA @ NAWAL KISHOR SHARMA @ NAWAL KISHORE SHARMA Son of Late Ram Ugrah Sharma Resident of Jainagar Colony, Gola Road, Patna, P.S.- Danapur, Distt - Patna.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Kumari Savita D/o Late Dinesh Kumar Singh Resident of Mohalla - East Patel Nagar, P.O. and P.S.- Shastri Nagar, Distt - Patna (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiw Kumar Prabhakar, Adv.

For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP Mr.Rakesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner, learned counsel for the O.P. No.2 and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 419, 420, 423, 120(B), 406, 417, 467, 468 of the Indian Penal Code. The allegation against the petitioner is of committing fraud with the complainant, by selling her a land and house having loan of Rs.25 Lakhs.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.86246 of 2019(5) dt.08-08-2022 2/3 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against the coaccused Tunna Lal Razak and Rakesh Kumar Razak. Only role of the petitioner is that he introduced the complainant to the other co-accused. It is submitted that the co-accused namely Tunna Lal Razak and Rakesh Kumar Razak have been granted regular bail by the learned court below, whereby, they were directed to pay all the prior loan taken by Tunna Lal Razak. On that basis the co-accused have been granted regular bail. It is submitted that the said co-accused are paying the loan. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since there is no overt act against the petitioner named above, let him, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below

Patna High Court CR. MISC. No.86246 of 2019(5) dt.08-08-2022 3/3 where the case is pending/Successor Court in connection with Danapur P.S. Case No.622/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T