Sushil Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24174 of 2020 Arising Out of PS. Case No.-232 Year-2019 Thana- SANGRAMPUR District- East Champaran ====================================================== Sushil Tiwari Son of Late Sunardev Tiwari Resident of Village - Saraiya Baduraha Pandey Tola, P.S.- Dumariyaghat, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Md. Shakir Ahmad,A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Sangrampur P.S. Case No. 232 of 2019, registered for the offence under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act.

As per the prosecution case, the informant got secret information that 6-7 miscreants have assembled to commit some crime and as such, the informant with police party reached there and apprehended three accused persons including petitioner and on search, one loaded country-made pistol was recovered from the possession of the petitioner.

It is submitted on behalf of petitioner that in paragraph - 3 of the petition, it is stated that petitioner is accused in three more cases, but in all cases, he is on bail. Petitioner is in custody since 22-10-2019. Chargesheet has

Patna High Court CR. MISC. No.24174 of 2020(3) dt.04-11-2020 2/2 already been submitted and other co-accused namely Pintu Tiwary and Satyendra Pandey have already been granted bail by this Court.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari in connection with Sangrampur P.S. Case No. 232 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court 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 the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay/- U T