Jay Chandra Tiwari @ Jai Chandra Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52871 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- CHARPOKHARI District- Bhojpur ====================================================== Jay Chandra Tiwari @ Jai Chandra Tiwary S/o- Avadhbihari Tiwari Village - Dekunda PS- Char Pokhari District-Bhojpur Ara ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Nath Pandey, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-08-2025 Heard Mr. Aditya Nath Pandey, learned counsel appearing on behalf of the petitioner and Mr. Aditya Narayan Singh.1, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Charpokhari P.S. Case No. 68 of 2025 registered under Section 87 of the BNS.
3. As per the allegation made in the FIR, the petitioner along with other accused allegedly kidnapped the niece of the informant.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the present case. The petitioner is
Patna High Court CR. MISC. No.52871 of 2025(2) dt.12-08-2025 2/3 nowhere concerned in the alleged kidnapping. The petitioner is the maternal uncle of the co-accused Rahat Kumar and he has no concern with the allegation as has been alleged. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the allegation made in the FIR, as well as, the fact that the petitioner is the maternal uncle of the coaccused Rahat Kumar and he has no concern with the allegation as has been alleged in FIR, the petitioner is having clean antecedent, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.
7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court 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 Judicial Magistrate - Ist Class, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 68 of 2025, subject to the condition as laid down under Section 482 of the BNSS.
Patna High Court CR. MISC. No.52871 of 2025(2) dt.12-08-2025 3/3
8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T