Avinash Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75524 of 2023 Arising Out of PS. Case No.-168 Year-2023 Thana- BUXAR District- Buxar ====================================================== AVINASH KUMAR TIWARI Son of Sachhidanand Tiwari @ Sachida nand Tiwari Resident of - Behind Girls High School, Near Bandhan Bank, Police Station- Buxar Nagar, District - Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 457 and 380 of the Indian Penal Code.

Prosecution case relates to theft of inverter by three accused persons including the petitioner and they were arrested on spot after chase by the police officials.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Provision of Section 100 CR.P.C. has not been followed by the police officials while preparing the seizure list. Similarly situated other accused person has already been enlarged on bail

Patna High Court CR. MISC. No.75524 of 2023(2) dt.29-11-2023 2/2 by this Court vide order dated 24.6.2023 passed in Cr. Misc. No. 31963 of 2023. Petitioner has got no criminal antecedent and languishing in judicial custody since 22.3.2023. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Buxar in connection with Buxar Nagar P.S. Case No. 168 of 2023.

(Sunil Kumar Panwar, J) sushma/- U