Maruti Nandan @ Maruti Nandan Tiwari @ Murai Nandan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17319 of 2023 Arising Out of PS. Case No.-732 Year-2022 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Maruti Nandan @ Maruti Nandan Tiwari @ Murai Nandan Tiwari Son Of Sanjeev Kumar Tiwari Resident Of Village - Athari, P.S. - Runnisaidpur, Distt. - Sitamarhi.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 386 of the Indian Penal Code.

The prosecution case in nutshell is that the informant along with his brother was coming from bank, carrying Rs. 3,21,000/- in the meantime, petitioner along with other co-accused persons intercepted them

2/4 and snatched the amount and fled away. It is further alleged that in the year 2016, co-accused Gaurav Singh had snatched Rs. 1,50,000/- from the informant in which case had been registered and he was sent to jail. Thereafter, he used to threaten him and demand extortion of Rs. 75,000/-. Co-accused Gaurav Singh frequently tries to snatch the money from informant. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is land dispute between the parties. The petitioner has no concern either with the alleged offence or with the coaccused Gaurav Singh. Nothing incriminating has been recovered from the conscious possession of the petitioner. It is also submitted that petitioner is languishing in judicial custody since 04.12.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State and

3/4 learned counsel for the informant have vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Runnisaidpur P.S. Case No. 732 of 2022 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 Chief Judicial Magistrate, Sitamarhi, subject to the following conditions:-

1. Petitioner shall co-operate in the trial ans shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. if the petitioner tampers with the evidence or

4/4 threatens the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. If the petitioner repeat the offences of similar nature, as alleged in the present case, the prosecution will be at liberty to move for cancellation of bail.

(Sunil Kumar Panwar, J) Nirajkrs/- U T