Arjun Tiwari @ Abhishek Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9367 of 2019 Arising Out of P.S. Case No.-412 Year-2018 Thana- SASARAM NAGAR District- Rohtas ====================================================== ARJUN TIWARI @ ABHISHEK TIWARI (Male), aged about-25 years, S/o Late Sriram Tiwari, Resident of Village-Pipra, P.S-Kargahar, Distt.-Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uma Shankar Singh, Advocate For the Opposite Party/s :

Mr.Mohammed Arif, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-02-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 19.10.2018 in connection with Sasaram Town P.S.Case No.412 of 2018 for the offence alleged under Sections 395, 397 and 412 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case as lodged by the informant who works as Management Trainee in "V-Mart" retail shop, while in the night stocks were being unloaded, six persons armed with weapons and pistol arrived and took away Rs.13,18,597/- from the safe and also took away jeans, pants and 'T'-shirts, CCTV, Monitor, DVR, Flop Box, Wi-fi box, Biometric Machines and two mobiles. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that he is not named in the FIR and his name surfaced on the confessional statement of co-accused Shivendra Dubey

Patna High Court Cr.Misc. No.9367 of 2019(2) dt.18-02-2019 2/2 who has been granted the privilege of bail by this Court in Cr.Misc.No.38386 of 2018 dated 05.09.2018. He further submits that no stolen articles have been recovered from his possession or from his house and no test identification parade has been done so far.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sasaram Town P.S.Case No.412 of 2018 to the satisfaction of learned Chief Judicial Magistrate, Rohtas, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) B.Kr./- U T