Gautam Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31141 of 2016 Arising out of P.S. Case No.203 Year- 2013 Thana -GUTHNI District- SIWAN ====================================================== Gautam Tiwari, son of late Shambhu Tiwari, resident of village + P.O. Shrikalpur, P.S. Gfuthani, Distt. Siwan .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Dwivedi, Adv. For the State : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 08-08-2016 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 461 and 379 of the Indian Penal Code.
It is contended that the petitioner is not named in the First Information Report. He has been implicated in this case merely on the basis of confessional statement of co-accused Anup Kumar Mishra. It is further contended that there is no recovery from the petitioner and his criminal antecedent is clean. It is stated that two co-accused namely, Binod Nath Tiwari @ Labada Tiwari and Gyas Sarwar @ Bullet, have already been granted anticipatory bail by this Court.
Having regard to the facts and circumstances of the case, let the petitioner, namely, Gautam Tiwari, be released on bail
Patna High Court Cr.Misc. No.31141 of 2016 (2) dt.08-08-2016 2/2 in the event of his arrest/surrender before the court below within a period of six weeks from today in connection with Guthani P.S. Case No. 203 of 2013, on furnishing bail bond of Rs.10,000/- (Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Siwan, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure.
However, at the time of furnishing bail bond, the court below will verify the antecedents of the petitioner and, if it is found that the petitioner involved in any other case before his implication in the present matter, he would be taken in custody. (Dr. Ravi Ranjan, J) S.Ali/- U T