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Patna High CourtCR. MISC./44665/2019bail granted

Natho Tiwari @ Nathu Tiwari v. The State Of Bihar

2019-09-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44665 of 2019 Arising Out of PS. Case No.-372 Year-2018 Thana- BAIRIYA District- West Champaran ====================================================== Natho Tiwari @ Nathu Tiwari, aged about 42 years, Male, Son of Dhoda Tiwari, Resident of village Fulwa Tola Bagahi, P.S. Bairiya, District West Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-09-2019 Heard both sides.

The petitioner apprehends his arrest in Bairiya P.S. Case No.372 of 2018, registered under Sections 420, 406, 467, 468, 471 and 504 of the Indian Penal Code.

The informant in sum and substance alleged in his complaint petition, on the basis of which the present FIR was lodged, that the accused persons persuaded the informant and the witnesses that Manoj Singh, the State Coordinator of Child Security Project, Sarvesh Tiwari, the Managing Director, Krishna Narayan Shahi and Natho Tiwari, the office bearers of the project they all took money from the informant and other witnesses to provide jobs on different posts. Learned counsel for the petitioner submits that there is

Patna High Court CR. MISC. No.44665 of 2019(3) dt.30-09-2019 2/2 no chit of paper to show that the petitioner received any money from the informant and any other witnesses. The petitioner is not an office bearer or any officer of the Child Security Project. From perusal of the complaint petition, it would appear that the name of the petitioner in the accused column has been inserted later on by pen.

Taking into consideration the facts and nature of allegation made against the petitioner and the fact that there is nothing on record to show that the petitioner has received any money from the informant, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateVII, Bettiah, West Champaran in connection with Bairiya P.S. Case No.372 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.KUMAR/- U T