Nand Kishore Prasad v. The State Of Bihar
Case brief
What is this about?
In a criminal miscellaneous matter arising from a Police Station case in Bagha, the Patna High Court rejected an application for anticipatory bail. The court held that the petitioners committed fraud on the Excise Department to misappropriate deposited securities after their wine shop license was cancelled, precluding bail.
What did the court decide?
The application for anticipatory bail was rejected; the petitioners are not enlarged on bail.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11527 of 2016
Arising Out of PS.Case No. -409 Year- 2015 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Nand Kishore Prasad S/o Vishwanath Prasad, Resident of village - Dombaliya, P.S. Bagha Distt.- W. Champaran .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.19344 of 2016 Arising Out of PS.Case No. -409 Year- 2015 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Sahdeo Prasad son of Laxan Prasad, Resident of village- Naraipur, P.S.Bagaha (Pathkhauli), District- West Champaran
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : (In Cr.Misc. No.11527 of 2016) For the Petitioner : Mr. Chandra Mohan Jha, Advocate. For the Opposite Party : Mr. Anish Chandra(App) (In Cr.Misc. No.19344 of 2016) For the Petitioner : Mr. Zainul Abedin, Advocate. For the Opposite Party : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
- 5 24-11-2016 Heard both sides.
The petitioners apprehend their arrest in Bagaha (Patkhauli) P.S. Case No. 409 of 2015 registered for the offences punishable under Sections 467, 468, 406 and 420 of the Indian Penal Code.
Patna High Court Cr.Misc. No.11527 of 2016 (5) dt.24-11-2016
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Issues for consideration
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners who fled the jurisdiction after misappropriating security money deposited for an excise license.
Whether the petitioners can claim lack of concern with the license when they committed fraud to withdraw pledged securities.
Parties & counsel
- petitioner
Nand Kishore Prasad
- petitioner
Sahdeo Prasad
- respondent
The State of Bihar
Coram
Case details
As recorded by the court registry
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