Patna High CourtCR. MISC./67221/2019dismissed

Anil Kumar Tiwary @ Anil Tiwary @ Anil Kumar Tiwari @ Anil Tiwari v. The State Of Bihar

2020-03-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67221 of 2019 Arising Out of PS. Case No.-743 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

ANIL KUMAR TIWARY @ ANIL TIWARY @ ANIL KUMAR TIWARI @ ANIL TIWARI S/o Bharat Tiwary R/o Mohalla- Jai Prakash Nagar, Purani Motihari Road, Bairiya, P.S.- Ahiyapur, District- Muzaffarpur 2.

Bharat Tiwary @ Bharat Tiwari S/o Late Pradeep Tiwary R/o Mohalla- Jai Prakash Nagar, Purani Motihari Road, Bairiya, P.S.- Ahiyapur, DistrictMuzaffarpur ... ... Petitioner/s

Versus

1. The State of Bihar

2. Manish Kumar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nachiketa Jha, Advocate For the Opposite Party/s :

Mr.Ram Priya S Singh, Addl Public Prosecutor Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-03-2020 Heard learned counsel for the parties.

Petitioners apprehend arrest in a case registered for offence punishable under sections 406, 504 and other ancillary sections of the Indian Penal Code.

It is alleged that the petitioner no.1 took Rs.9,78,500/- from the informant but he neither returned the same nor did he execute the land in favour of the informant for which he had taken the money. Petitioner no.2 is father of petitioner no.1. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. Petitioner denies that he ever took aforesaid money from the informant.

Patna High Court CR. MISC. No.67221 of 2019(3) dt.05-03-2020 2/2 Learned counsel for the informant opposes the prayer for bail and submits that the petitioner no.1 has not returned the aforesaid agreement amount. He submits that in the bail petition, petitioners have stated that they have got no criminal antecedent, whereas petitioner no.1 is accused in other cases of similar nature.

In view of the nature of allegation, prayer for bail of the petitioners is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) shashi/- U T