Aditya Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55714 of 2019 Arising Out of PS. Case No.-128 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== ADITYA TIWARI Son of Jagdish Tiwari Resident of Village-Gidha, P.S.- Chanpatiya, District-West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-11-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Chanpatiya P.S. Case No. 128 of 2019 dated 18.04.2019 instituted for the offences under Sections 420 and 379 of the Indian Penal Code. A peculiar case has been lodged by the informant who has alleged that he accompanied the petitioner to a fair (Mela) where he wanted to park his motorcycle in the motorcycle stand. However, on the insistence of the petitioner and his associates who had assured him that the motorcycle would not be stolen, the

Patna High Court CR. MISC. No.55714 of 2019(3) dt.16-11-2019 2/3 motorcycle was parked near the road side. The motorcycle, on return of the informant from the fair was not found. The petitioner and his associates are said to have sent off the informant, telling him that he will not get his motorcycle. On this, the informant suspected the hands of the petitioner in stealing his motorcycle. The learned counsel for the petitioner submits that merely because the petitioner and his associates had assured the informant that his motorcycle would not be stolen if he parked the same on the road, the petitioner could not have been made accused in this case. Learned counsel for the petitioner submits that it is quite fortuitous that the motorcycle was stolen. However, since the petitioner is known to the informant and had accompanied him to the fair, there is no reason for the petitioner to be suspected of stealing the motorcycle.

The petitioner has clean antecedents.

For the aforestated facts, he is directed to be

Patna High Court CR. MISC. No.55714 of 2019(3) dt.16-11-2019 3/3 released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Sadar, Bettiah, West Champaran in connection with Chanpatiya P.S. Case No. 128 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T