Ashish Kumar Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52990 of 2022 Arising Out of PS. Case No.-493 Year-2021 Thana- SIWAN CITY District- Siwan ====================================================== Ashish Kumar Tiwari Son Of Late Vijay Tiwari R/O Village- Santhi, P.S.- Raghunathpur, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhakar Singh For the Opposite Party/s :
Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within three weeks.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 419, 420, 379/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to enmity. He submits that the petitioner has been made accused in this case on the basis of confessional statement of coaccused. He submits that there is no specific overt act against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.52990 of 2022(2) dt.13-12-2022 2/2 bail and submits that the petitioner is also involved in the present case.
Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Siwan Town P.S. Case No. 493 of 2021. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day.
(Anjani Kumar Sharan, J) devendra/- U T