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Patna High CourtCR. MISC./20246/2022bail granted

Manjay Tiwari v. The State Of Bihar

2022-07-15Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20246 of 2022 Arising Out of PS. Case No.-94 Year-2021 Thana- PAHARPUR District- East Champaran ====================================================== MANJAY TIWARI son of Dhenukhdhari Tiwari @ Dhanushdhari Tivari Resident of Village - Batrauliya, P.S. - Paharpur, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-07-2022 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Section 414 of the Indian Penal Code. Allegation is recovery of two stolen motorcycles bearing registration no. BR22T7927 AND BR22AC1682 from the "Bhusauli" of petitioner.

Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case on mere suspicion only. Petitioner was neither apprehended at the spot nor any incriminating material has been recovered from the possession of petitioner. Allegation is against three persons including petitioner who fled away from the place of occurrence on seeing the police. Place of recovery is open place which is easily accessible. Chargesheet has been submitted in this case.

Patna High Court CR. MISC. No.20246 of 2022(2) dt.15-07-2022 2/2 Petitioner has got no criminal antecedent and is in custody since 03.03.2022.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Paharpur P.S. Case No. 94 of 2021, with following conditions:-

(1) Both the bailors shall be the resident of territorial jurisdiction of the learned court-below.

(2) The petitioners shall fully cooperate with the investigation / trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (S. Kumar, J) ranjan/- U