Raja Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48121 of 2017 Arising Out of PS.Case No. -80 Year- 2016 Thana -KASIMBAZAR District- MUNGER ======================================================

1. Raja Tiwari S/o Arun Tiwari, R/o Village- Singhiya Kamalpur, P.S.- Biddupur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. Dhananjaya Nath Tiwari For the Opposite Party/s : Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 01-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Kasim Bazar P.S. Case No. 80/2016 for offences punishable under Section 394 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that while he being a driver along with Accounts Clerk had withdrawn Rs. 10 lakhs, two miscreants snatched the said amount.

It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and is languishing in judicial custody since 24.07.2017.

Patna High Court Cr.Misc. No.48121 of 2017 (3) dt.01-12-2017 2/3 He submits that no T.I. Parade has been done so far and chargesheet has already been submitted. He further submits that his name surfaced only on the confessional statement of co-accused Kundan Tiwary along with five others and one of the coaccused has been granted privilege of bail by the learned court below itself. It is further submitted that although there is one case against him, but he has been acquitted in the said case on 14.07.2017.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Kasim Bazar P.S. Case No. 80/2016, subject to the conditions that : (i) Both the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.

(ii) If the petitioner indulges in an offence of similar

Patna High Court Cr.Misc. No.48121 of 2017 (3) dt.01-12-2017 3/3 nature in future, the prosecution will be at liberty to move the court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T