← Library
Patna High CourtCR. MISC./3463/2016bail granted

Nipendra Tiwary v. The State Of Bihar

2016-01-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3463 of 2016 Arising Out of PS.Case No. -253 Year- 2015 Thana -MASRAKH District- SARAN ====================================================== Nipendra Tiwary son of Late Kanhaiya Tiwary resident of Village - Baikunthpur, P.S. - Baikunthpur, District - Gopalganj. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. C.Sen Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 21-01-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

It is alleged that the petitioner took the motorcycle of the informant and did not return. Subsequently, informant that the motorcycle has been stolen. It is submitted by learned counsel for the petitioner that the petitioner is the brother-in-law of the informant having no criminal antecedent. Though, the accusation of taking motorcycle was denied on behalf of the petitioner before the learned court below which gets reflected from the

Patna High Court Cr.Misc. No.3463 of 2016 (2) dt.21-01-2016 2/2 impugned order, but it is submitted before this Court that the motorcycle was stolen but since no paper was available, hence, no case was lodged by the petitioner or the informant. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Saran at Chapra in connection with Mashrak P.S. Case No. 253 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T