Suresh Tiwari v. The State Of Bihar

Patna High Court Cr.Misc. No.16482 of 2017 (2) dt.04-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16482 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -SIDHWALIA District- GOPALGANJ ====================================================== Suresh Tiwari, son of Late Asharphi Tiwari, resident of VillageBanjariya, P.S. Mohammadpur, District- Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Bimlesh Kumar Pandey, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 06.03.2017 in connection with Sidhwalia P.S. Case No. 25 of 2017 for the offences alleged under Sections 406, 420, 120B/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and the thrust of accusation is against Upendra Yadav who was entrusted with an amount of Rs. 2,41,000/- by the informant for deposit in the State Bank of India. The recovery of the amount has been made the next day after the alleged occurrence from the house of the said co-accused Upendra Yadav and his brother Bijendra Yadav and no recovery has been made from the petitioner. Petitioner claims clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be

Patna High Court Cr.Misc. No.16482 of 2017 (2) dt.04-04-2017 released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Gopalganj, in connection with Sidhwalia P.S. Case No. 25 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/psc U T