Alok Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18627 of 2024 Arising Out of PS. Case No.-19 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== ALOK TIWARY Son of Shree Mahesh Tiwary Resident of Village-Banarpur, Police Station-Buxar Muffasil, in the district of Buxar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Advocate For the Opposite Party/s :
Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Buxar Muffasil P.S. Case No.19 of 2023 instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 427, 435, 436 and 153 of the IPC.
3. Prosecution case, in short, is that 250 villagers, with lathi and danda, came at the gate of informant's company and started raising slogans and they entered in the campus of Power Plant and set fire the vehicle, Guard Room etc.
Patna High Court CR. MISC. No.18627 of 2024(2) dt.21-03-2024 2/3 Accordingly, the FIR.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. No specific overt act is alleged against the petitioner. Further submits that charge sheet has been submitted and there is no recovery from the conscious possession of the petitioner. It is next submitted that the name of the petitioner transpired on the basis of CCTv. Footage. The petitioner is in custody since 23.11.2023.
5. Learned APP for the State has vehemently opposes the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of court below/concerned court in connection with Muffasil P.S. Case No.19 of 2023 with following conditions:
(i) One of the bailors shall be own/close member of the family of the petitioner.
(ii) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.18627 of 2024(2) dt.21-03-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Prakash Narayan U T