Allowed

Nitish Kumar Tiwari v. The State of Bihar

Patna HC29 Apr 2023CR. MISC./28143/2022

Case brief

AI extract

What is this about?

The High Court at Patna granted pre-arrest bail to an accused implicated in a theft case under Section 379 IPC. The petitioner, not originally named in the FIR, sought bail upon incrimination during investigation, citing clean antecedents and similar relief to a co-accused.

What did the court decide?

The petitioner is directed to be released on pre-arrest bail within four weeks by furnishing a bond of Rs. 10,000 with two sureties each to the Railway, Patna.

Nitish Kumar Tiwari Vs The State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28143 of 2022

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Arising Out of PS. Case No.-34 Year-2018 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna

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======================================================

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Nitish Kumar Tiwari, Son of Sri Nakul Tiwari R/o Village - Sohjana, Ratanpur, P.S.- Gidhaur, District - Jamui.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Niranjan Parihar, Advocate. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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4 29-04-2023 Heard Mr. Niranjan Parihar, learned counsel appearing on behalf of the petitioner and Mr. Chandra Bhushan Prasad, learned APP for the State.

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The petitioner seeks pre-arrest bail in connection with Bakhtiyarpur Rail P.S. Case No. 34 of 2018 registered for the offence punishable under Section 379 of the Indian Penal Code.

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The allegation is of theft of the mobile phone of the informant. F.I.R. is against unknown.

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Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in this case. He is not named in the F.I.R. and his name has surfaced in the present case in course of investigation. Petitioner has no criminal antecedent. One co-

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Patna High Court CR. MISC. No.28143 of 2022(4) dt.29-04-2023 2/2

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accused namely Manoj Kumar against whom similar allegation has been made has already been released on anticipatory bail by a co-ordinate Bench of this Court vide order dated 14.02.2020 passed in Cr. Misc. No. 86964 of 2019.

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Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

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Considering the aforesaid facts and circumstances of the case as well as submission of the parties, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, 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., Railway, Patna in connection with Bakhtiyarpur Rail P.S. Case No. 34 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

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(Purnendu Singh, J)

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mantreshwar/-

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U T

Nitish Kumar Tiwari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nitish Kumar Tiwari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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