Chandan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8628 of 2020 Arising Out of PS. Case No.-195 Year-2018 Thana- CHENARI District- Rohtas ====================================================== CHANDAN TIWARI Son of Arvind Tiwari Resident of Village - Paloundha, P.S.- Chenari, Distt - Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehends his arrest in connection with Chenari P.S. Case No. 195 of 2018, instituted for the offence under Section(s) 341,323,307,379,504 of the Indian Penal Code and 27 of the Arms Act.

The FIR against unknown persons has been lodged that three miscreants fired upon the informant. The gun shot did not hit the informant then it is alleged that the informant was assaulted on the head near his ear and ten thousand Rupees was snatched. The perpetrators are said to have fled away thereafter. One Sonu Verma @ Manish has been apprehended in the process of investigation and he has disclosed the petitioner's name leading to his implication in the instant case as well as one

Patna High Court CR. MISC. No.8628 of 2020(2) dt.03-03-2020 2/3 other case in Sasaram(T) P. S. Case no. 1257 of 2018. The learned counsel for the petitioner submits that prior to his implication in the instant case he has no criminal antecedents. Merely on disclosure made by co-accused, namely, Sonu Verma @ Manish, he has been implicated though there is no recovery of incriminating article even to suggest his participation in the occurrence.

The learned APP for the State opposed the prayer for anticipatory bail.

Considering the aforesaid facts, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner before the court below, named above, within four (04) weeks from today, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM II, Rohtas at Sasaram, in connection with Chenari P.S. Case No. 195 of 2018, subject to the conditions as laid down under Section 438(2) Cr. P.C. 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. The bailor will also undertake to

Patna High Court CR. MISC. No.8628 of 2020(2) dt.03-03-2020 3/3 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