Rajan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14339 of 2025 Arising Out of PS. Case No.-135 Year-2023 Thana- CHAKIA District- East Champaran ====================================================== Rajan Tiwari Son of Krishna Tiwari @ Krishna Bihari Tiwari Resident of village - Shripur (Shreepur), P.S.- Chhauradano, District - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Branch Manager, ICICI Bank, Chakiya, P.S- Chakiya, Distt.- East Champaran Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Informant :

Mr. Dhananjay Kashyap, Advocate For the State :

Mr.Suresh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 19-06-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offences under Sections 395, 397 of the Indian Penal Code.

3. As per the prosecution case, the Branch Manager, ICCI Bank, Chakia gave fardbeyan that on 12.04.2023, four miscreants entered the Bank premises brandishing arms and they looted cash of Rs. 48,03,760/- from the Bank and they also snatched cash of Rs. 30,000/-

2/5 and gold chain from one of the customer and thereafter they fled.

4. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has surfaced in the confessional statement of one co-accused namely Ranjit Kumar. Learned counsel further submits that no incriminating article or the looted amount has been recovered from the possession of the petitioner. It is next submitted that similarly situated co-accused person namely Sanny Jha and Nitish Mishra have been granted bail by a Coordinate Bench of this Court vide orders dated 19.03.2025 and 20.04.2024 passed in Cr. Misc Nos. 4087/2025 and 27512/2024. It is lastly submitted that the petitioner has four criminal antecedents in which he is on bail and is in custody since 04.05.2024.

5. Learned APP for the State as well as learned counsel for the informant have jointly opposed the prayer for bail of the petitioner and submits that the petitioner carries four criminal cases and is found to be involved in the case of loot in a Bank, hence, he should be granted privilege of bail.

3/5 6.

Considering the aforesaid facts and circumstances of the case and taking into account that similarly situated co-accused person namely Sanny Jha and Nitish Mishra have been granted bail by a Coordinate Bench of this Court vide orders dated 19.03.2025 and 20.04.2024 passed in Cr. Misc Nos. 4087/2025 and 27512/2024, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Chakiya P.S. Case No. 135/2023 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.

b. The petitioner shall remain physically present in Court on each date of the trial.

c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.

d. The Court below shall verify the criminal

4/5 antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification.

e. In view of the antecedent of the petitioner, the petitioner is directed to appear before the Superintendent of Police, East Champaran within fifteen days of his release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the Court concerned by him to initiate a proceeding for cancellation

5/5 of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the Court concerned.

f. If the petitioner is found to be involved in any offence, the prosecution shall be at liberty to approach the learned Court below for cancellation of bail of the petitioner.

7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) tusharika/- U T