Mantan Tiwari @ Sonu Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12530 of 2022 Arising Out of PS. Case No.-36 Year-2021 Thana- LAURIA District- West Champaran ====================================================== MANTAN TIWARI @ SONU KUMAR TIWARI Son of Prabhu Tiwari Resident of Village - Gidha, Police Station - Chanpatia, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 25 (1-b)a, 26 and 35 of the Arms Act.

As per the prosecution case, on seeing the police party three miscreants tried to flee away. Two miscreants boarded on motorcycle succeeded to flee away and one miscreant was apprehended by the police who disclosed his name as Chandrakant Tiwari. A country-made katta and one 303 bore

Patna High Court CR. MISC. No.12530 of 2022(2) dt.15-07-2022 2/3 live cartridge were recovered from the possession of Chandrakant Tiwari and Chandrakant Tiwari also disclosed the name of the petitioner as Mantan Tiwari.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case on account of dirty village politics. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has seven other criminal cases as stated at para 3 of the bail petition. The petitioner is in custody since 15.09.2021. The name of the petitioner has sprang up in the confessional statement of the co-accused, Chandrakant Tiwari. There is nothing against the petitioner except the criminal antecedents. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st .Bettiah, District- West Champaran, in connection with Lauriya P.S. Case No. 36 of 2021, with following conditions:-

1. If the petitioner is found involved in other similar

Patna High Court CR. MISC. No.12530 of 2022(2) dt.15-07-2022 3/3 nature of offence, his bail bond will liable to be cancelled. .

2. One of the bailors must be a close relative of the petitioner who will give his genealogy as to how the bailor is related to the petitioner.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T