Harendra Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77144 of 2023 Arising Out of PS. Case No.-316 Year-2023 Thana- BRAHMPUR District- Buxar ====================================================== Harendra Tiwari Son Of Late Dwarika Tiwari Resident Of Village - Barki Nainijore, P.S.- Brahmpur, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Pandey, Advocate For the Opposite Party/s :

Mr.Rajendra Singh Shastri, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Brahmpur (Nainijore) P.S. Case No. 316 of 2023 dated 03.06.2023 registered for the offences punishable under Sections 420 and 120B of the Indian Penal Code.

4. As per the prosecution case, it is alleged that the petitioner obtained a false and fabricated genealogy of the family and started running petrol pump on the basis of the false and fabricated pedigree. After investigation, the issued genealogy has been cancelled.

Patna High Court CR. MISC. No.77144 of 2023(2) dt.04-01-2024 2/2

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. Learned counsel has further submitted that there is no time and date of occurrence in the written FIR.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Buxar in connection with Brahmpur (Nainijore) P.S. Case No. 316 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T