Kundan Tiwari@ Chandrabhushan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18205 of 2021 Arising Out of PS. Case No.-404 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== Kundan Tiwari @ Chandrabhushan Tiwari, aged about 25 years, Male, Son of Baleshwar Tiwari Resident of Village- Belwa Awaraiya P.S. Banuchhapar O.P. (Bettiah Mufassil), District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-10-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for short 'APP') for the State. Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. The petitioner seeks bail in Majhaulia PS Case no. 404 of 2019 instituted for the offence under Sections 399, 402 and 414 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act.

There is alleged recovery of firearms from co-accused Sonu Chaudhary and Purshottam Dubey. The petitioner is stated to be member of the unlawful assembly.

Patna High Court CR. MISC. No.18205 of 2021(2) dt.25-10-2021 2/3 Petitioner's counsel submits that it is a case of false implication. On account of several antecedents, the petitioner's name has been dragged in this case. The co-accused Purshottam Dubey, from whom, arms have been recovered has already been allowed bail in Cr. Misc. No. 83222 of 2019(Annexure-2). The other similarly situated co-accused Pappu Patel has also been allowed bail in Cr. Misc. No. 16292 of 2020. In the instant case the petitioner is in custody since 23.08.2020. The learned APP representing the State has opposed the prayer for bail.

Considering the rival submissions as also the facts and circumstances of the case, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Majhaulia PS Case No. 404 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

Patna High Court CR. MISC. No.18205 of 2021(2) dt.25-10-2021 3/3 he is related with the petitioner. The bailor 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 date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T