Alok Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29347 of 2015 Arising out of PS.Case No. -95 Year- 2015 Thana -SIWAN CITY District- SIWAN ====================================================== Alok Tiwari, S/o Bhodhan Tiwari, resident of Village and P.S. Thakraha, District West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Bhola Kumar, Advocate. For the Opposite Party : Mr. M.Rab(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-08-2015 The petitioner is languishing in custody since 25.03.2015 in connection with Siwan Nagar(Sarai) P.S. Case No. 95 of 2015 for the offences instituted under Section 414 of the I.P.C.

Heard learned counsel for the petitioner and learned counsel for the State.

It is alleged that the police arrested the petitioner in connection with Pachrukhi P.S. Case No. 40 of 2015. He refused his implication in the aforesaid case but he disclosed that a stolen motorcycle is kept near the temple. Thereafter the police recovered a motorcycle near temple.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.03.2015 and the charge sheet has

Patna High Court Cr.Misc. No.29347 of 2015 (2) dt.05-08-2015 2/2 been submitted in the present case. It is further submitted that the petitioner has got no criminal antecedent. It is further submitted that the petitioner has been made accused in the present case due to mistake of fact. It is further submitted that the petitioner may be released after completion of six months in custody from 25.03.2015 On behalf of the State it has been submitted that on confession of the petitioner, stolen motorcycle is said to have been made recovered.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail after completion of six months in custody from 25.03.2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M./ J.M. Siwan, in connection with Siwan Town (Sarai)P.S. Case No. 95 of 2015. U.K./- (Sudhir Singh, J) U T