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Patna High CourtCR. MISC./50354/2023bail granted

Mitranjan Tiwari @ Mitranjan Tiwary v. The State Of Bihar

2023-11-01Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50354 of 2023 Arising Out of PS. Case No.-893 Year-2022 Thana- KANKARBAG District- Patna ====================================================== MITRANJAN TIWARI @ MITRANJAN TIWARY SON OF LATE BRIJ KISHOR TIWARI RESIDENT OF VILLAGE - CHANDMARI ROAD, GALI NO.-04, P.S. - KANKARBAGH, DISTRICT - PATNA ... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR, PATNA ... ... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar , Advocate For the Opposite Party/s :

Mr. Parmanand Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 420, 467 , 468 , 471 and 34 of the Indian Penal Code.

3. As per the prosecution case, this petitioner along with other co-accused persons alleged to be involved in manufacturing and selling of Mahaveer Tools and Company by using false trade mark .

4. It is submitted on behalf of the petitioner that the co-accused, Mr. Chitranjan Tiwary, is the owner of the go-down

Patna High Court CR. MISC. No.50354 of 2023(4) dt.01-11-2023 2/3 in question, and the petitioner has been made accused in this case merely because he happens to be the brother of the coaccused, Mr. Chitranjan Tiwary. This petitioner has no concern with the alleged occurrence. In fact, the petitioner is running and managing a separate business with his wife, namely Mrs. Ankita Kumari, under the name and style "HELLO SALES CORPORATION at Tej Pratap Nagar, New Bypass Road, Anishabad, Patna. This is a registered one with GST registration number 10FZPPK6478FIZI. He next submits that the petitioner was not present at the place of the occurrence, and as such, there is no question of recovery of any incriminating material from the possession of the petitioner. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 J . M. Ist Class, Patna in connection with Kankarbagh P.S. case No. 893 of 2022 , subject to the conditions laid

Patna High Court CR. MISC. No.50354 of 2023(4) dt.01-11-2023 3/3 down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Koushik/- U T