Radheshyam Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7405 of 2023 Arising Out of PS. Case No.-171 Year-2022 Thana- PIPRA District- East Champaran ====================================================== RADHESHYAM TIWARI S/o Ram Kumar Tiwari R/o Village- Jahingra, P.S.- Pipra, Distt-East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-05-2023 Heard the parties.

Petitioner seeks regular bail in connection with Pipra PS Case No. 171 / 2022 (G.R. No. 3064 / 2022) dated 03/06/2022 registered under Section 399, 402, 414 of the IPC and Section 25 (1-B)a / 26 / 35 of the Arms Act. As per the FIR on basis of secret information Police proceeded towards the place of occurrence and arrested five persons including the petitioner. From possession of the petitioner one stolen motorcycle was recovered and from possession of other accused persons pistol and live cartridges were recovered.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case at the behest of the Police. He further submits that petitioner has no concern

Patna High Court CR. MISC. No.7405 of 2023(2) dt.03-05-2023 2/2 with the motorcycle in question. He next submits that one of the similarly situated accused person - Santosh Tiwari has been granted bail in Cr. Misc. No. 69332 / 2022. The petitioner is in custody since 04/06/2022.

Regard being had to the submission made by the parties, taking into consideration the material on record, the fact that petitioner is in custody since 04/06/2022, charge sheet has already been submitted, there is no likelihood that the petitioner will abscond or tamper with the evidence if released on bail and similarly situated co-accused has been granted bail by a Coordinate Bench of this Court, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Pipra PS Case No. 171 / 2022 (G.R. No. 3064 / 2022).

(Anil Kumar Sinha, J) praful/- U T