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Patna High CourtCR. MISC./5537/2022bail granted

Sidhant Tiwari @ Sidhant Kumar v. The State Of Bihar

2022-05-24Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5537 of 2022 Arising Out of PS. Case No.-82 Year-2018 Thana- KATHAIYA District- Muzaffarpur ====================================================== SIDHANT TIWARI @ SIDHANT KUMAR SON OF VIRENDRA KISHORE @ VIRENDRA KISHORE TIWARY @ MANTOO TIWARI R/O VILLAGE- MADHOPUR MADHU, SIRSIA JAGDISHPUR, P.S.- BARURAJ, DISTRICT- MUZAFFARPUR ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Raju Kumar For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-05-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the stamp reporter within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Kathaiya P.S. Case No. 82 of 2018, registered for the offences punishable under Sections 413, 414, 412, 120(B) and 34 of the Indian Penal Code and 30 (A) of Bihar Prohibition and Excise Act, 2018.

A truck loaded with garlic was being unloaded, as per allegation, the accused persons including the petitioner were suspected to be involved in loot.

Learned counsel for the petitioner has submitted that the petitioner was not apprehended at the spot. His name was figured

Patna High Court CR. MISC. No.5537 of 2022(3) dt.24-05-2022 2/2 in the confessional statement of co-accused and some of the FIR named accused persons have been granted bail. The petitioner is under custody since 28.09.2021.

Considering the above-mentioned facts and circumstances as well as the period of incarceration, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st, Muzaffarpur in connection with Kathaiya P.S. Case No. 82 of 2018, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make himself available as and when required by the court. (ii) If the petitioners are found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T