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Patna High CourtCR. MISC./4234/2020allowed

Abhishek Kumar Tiwari @ Abhishek Tiwari v. The State Of Bihar

2020-06-29Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4234 of 2020 Arising Out of PS. Case No.-1123 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== ABHISHEK KUMAR TIWARI @ ABHISHEK TIWARI S/o Ram Dhyani Tiwari R/o village- Ukhra, P.S.- Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ahiyapur P.S. Case No. 1123 of 2019 for the offence registered under Sections 341, 323, 324, 506 and 290/34 of the Indian Penal Code and Section 37(b)and 37(c) of the Bihar Prohibition and Excise Act, 2016 as well as Section 25(1-b)a/36 of the Arms Act.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that there is no recovery from the conscious possession of the petitioner. It is further submitted that except the statement of co-accused, namely, Kundan Kumar, there is no evidence against the

Patna High Court CR. MISC. No.4234 of 2020(2) dt.29-06-2020 2/2 petitioner in connection with the present case. It is further submitted that the petitioner has no criminal antecedent. Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bail bonds to the satisfaction of the Special Judge, Excise Act, Muzuffarpur in connection with Ahiyapur P.S. Case No. 1123 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Jagdish/- U