Bablu Tiwary @ Nitesh Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18475 of 2025 Arising Out of PS. Case No.-371 Year-2024 Thana- BARUN District- Aurangabad ====================================================== Bablu Tiwary @ Nitesh Tiwary Son of Santosh Tiwary Village -Dayalpur PSBarun District- Aurangabad Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-07-2025 Heard Ms. Rupa Kumari, learned counsel for the petitioner and Mr. Abhay Kumar, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Barun P.S. Case No. 371 of 2024, FIR dated 21.08.2024 registered for the offences punishable under Sections 331(3) and 305 of the Bharatiya Nyaya Sanhita, 2023.

3. According to prosecution case, on 20.08.2024 at around 04:00 P.M., when he returned to his village Dayalpur from Aurangabad, his wife informed him that the petitioner and other accused persons had entered their house, confined his wife and son and stolen Rs. 30,000/- in cash along with gold and silver items from the almirah. When his wife raised an alarm, nearby people arrived, opened the room, and the accused fled away.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.18475 of 2025(4) dt.23-07-2025 2/2 implicated in the present case. The allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R.

5. Learned A.P.P. for the State, on other other hand, has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that the petitioner is named in the F.I.R. and there is direct and specific allegation against the petitioner that he along with co-accused persons have entered into the house of the informant and committed present crime in question, apart from that, there is statement of informant recorded in which the informant has stated that the petitioner was involved in the present crime in question.

6. Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Barun P.S. Case No. 371 of 2024 pending in the court of learned C.J.M., Aurangabad, Bihar.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Neha/- U T