Sandeep Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15132 of 2021 Arising Out of PS. Case No.-487 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Sandeep Tiwari, Son of Nityanand Tiwari, Resident of Village Banjari, Ward No.12, P.S. Gopalganj, District Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in Gopalganj Town P.S. Case No.487 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code.

The allegation against the petitioner is that he along with a co-accused snatched Rs.54,000/- from the informant. On hulla being raised, the petitioner was apprehended on the spot. The prayer for bail of the petitioner was earlier rejected vide order dated 27.02.2020, passed in Cr. Misc. No.8495 of 2020 by a co-ordinate Bench of this Court. The prayer for bail was rejected on the ground considering the criminal antecedents of the petitioner.

Learned counsel for the petitioner submits that nothing

Patna High Court CR. MISC. No.15132 of 2021(3) dt.07-10-2021 2/3 has been recovered from the conscious possession of the petitioner. It is further submitted that charge has already been framed. The petitioner is in custody since 29.09.2019 and he has got three criminal antecedents as stated in paragraph-3 of the bail petition.

Having considered the period of custody and the fact that charge has already been framed, let petitioner, above named, 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 learned CJM, Gopalganj in connection with Gopalganj Town P.S. Case No.487 of 2019, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates, his bail bonds shall be liable to the cancelled. (iii) That the petitioner will mark his attendance in the local police station in the first week of every month till conclusion of the trial, failing which the prosecution will be at liberty to move for cancellation of his bail bond.

Patna High Court CR. MISC. No.15132 of 2021(3) dt.07-10-2021 3/3 (iv) That the bailors shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. (Anjani Kumar Sharan, J) Sanjay/- U T