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Patna High Court - Orders

Aditya Tiwary @ Uttam Tiwary vs The State Of Bihar on 28 June, 2018

Author: Vinod Kumar Sinha

Bench: Vinod Kumar Sinha

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.32630 of 2018
                     Arising Out of PS.Case No. -121 Year- 2018 Thana -CHAPRA TOWN District- SARAN
                 ======================================================
                 Aditya Tiwary @ Uttam Tiwary, Son of Late Vikash Tiwary, Resident of
                 Village- East Rauja, Police Station- Chapra Town, District- Chapra at
                 Saran.

                                                                                 .... ....   Petitioner
                                                       Versus
                 The State of Bihar.

                                                                .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Rakesh Kumar Tiwary
                 For the Opposite Party/s : Mr. Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
                 ORAL ORDER

2   28-06-2018

Heard the parties.

The petitioner is apprehending his arrest in connection with Chapra Town P.S. Case No. 121 of 2018, registered for the offences punishable under Sections 420 and 379 of the Indian Penal Code.

Allegation as per the F.I.R. is that one Chhotu Pawar had called the informant on Mobile Phone Number 7903838505 and in order to purchase a motorcycle from OLX, thereafter he had taken away the said motorcycle and name of the petitioner transpired during the course of investigation.

Submission of learned counsel for the petitioner is that in 164 Cr.P.C. statement there is nothing against the petitioner. It has also been submitted that the petitioner has no criminal Patna High Court Cr.M isc. No.32630 of 2018 (2) dt.28-06-2018 2/2 antecedent and the said motorcycle in course of checking had been taken away by one Chhotu Pawar.

Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Town P.S. Case No. 121 of 2018, subject to conditions as laid down under section 438 (2) of the Code of Criminal Procedure and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) AnilKrSinha/-

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