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Patna High CourtCR. MISC./29883/2017bail granted

Arvind Tiwari @ Gorakh @ Arvind Kr. Tiwari v. The State Of Bihar

2017-07-11Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29883 of 2017 Arising Out of PS.Case No. -61 Year- 2015 Thana -PHENHARA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Arvind Tiwari @ Gorakh @ Arvind Kr. Tiwari, son of Krishna Nandan Tiwari, resident of village - Ijorbara, Police Station - Phenhara, District - East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 11-07-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Phenhara P.S. Case No.61 of 2015 instituted for the offence under Section(s) 392/34 Indian Penal Code.

As per allegation, motorcycle of the informant was snatched by eight unknown persons.

From the impugned order, it appears that the name of this petitioner has come during investigation in para 20 of the case diary.

Counsel for the petitioner has submitted that he has shop in Gaur, Nepal, and has been falsely implicated in this case. The petitioner has clean antecedents.

Patna High Court Cr.Misc. No.29883 of 2017 (2) dt.11-07-2017 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Phenhara P.S. Case No.61 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the 12th Additional Chief Judicial Magistrate, East Champaran, Motihari, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T