Rahul Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18467 of 2020 Arising Out of PS. Case No.-619 Year-2019 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Rahul Tiwari, aged about 25 years, Male, Son of Late Birendra Tiwari, Resident of Village - Badaka Khareya, P.S.- Kuchaikot, Distt - Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhramveer, Advocate For the Opposite Party/s :
Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-06-2020 Heard the parties through the virtual court proceeding.
The petitioner seeks bail in connection with Gopalganj (Town) P.S. Case No. 619 of 2019 registered for the offences punishable under Sections 411, 413, 414 of the Indian Penal Code.
The prosecution case in brief is based on the written report of the informant namely Shashi Ranjan Kumar, S.I. of Gopalganj Town P.S. stating therein that on 14.11.2019 at about 18.40 hrs., he get secret information that in Rajwadi Colony renter of the house of Pushpendra Singh, namely, Chanan Kumar Mehta and his associates are distributing stolen articles. On this inofmation, informant along with armed force on
Patna High Court CR. MISC. No.18467 of 2020(2) dt.03-06-2020 2/3 14.11.2019 at 19.20 hrs. surrounded the house, then seeing police from one room some persons came out and started fleeing but all the accused persons were apprehended with the assistance of police force. They disclosed their names as Chandan Kumar, Rahul Tiwari, Manish Kumar and Aslam Alam. On the search of the room, knife, Pechkus, Sadasi, Iron Rod, ATM Card, watch, finger ring, Mangal Sutra and silver ornaments, several mobiles and from the Rahul Tiwari, two mobile was recovered.
Learned counsel for the petitioner submits that there is no recovery of any stolen articles from possession of the petitioner. He further submits that two mobile phone which is alleged to be recovered from the possession of the petitioner is not the stolen article, rather these mobile phone is personal phone of the petitioner. He further submits that the I.O. has not put the recovered mobile phone from the possession of the petitioner on T.I.P. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted bail by this Co-ordinate Bench of this Court passed in Cr. Misc. No.8765 of 2020 and Cr. Misc. No.86022 of 2019 and petitioner is in jail custody since 15.11.2019.
Learned A.P.P. for the State has opposed the prayer.
Patna High Court CR. MISC. No.18467 of 2020(2) dt.03-06-2020 3/3 In the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of C.J.M., Gopalganj in connection with Gopalganj (Town) P.S. Case No.619 of 2019.
(Anjani Kumar Sharan, J) Nasimul/- U T