Abhishek Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26539 of 2020 Arising Out of PS. Case No.-435 Year-2019 Thana- KHAIRA District- Saran ====================================================== Abhishek Tiwari, male, aged about 20 years s/o Sri Manoj Tiwari r/o VillageShreepur, p/s- Sahajitpur District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Bhaskar For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-11-2020 Heard Mr. Anant Kumar Bhaskar, learned counsel for the petitioner and Mr. Sanjay Kumar Singh, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Khaira P.S. Case No. 435 of 2019 registered for the offence under Section 379 of the I.P.C.

The allegation as per the First Information Report is that the Police got information that stolen motorcycle has been seized in connection with Mashrakh P.S. Case No. 557 of 2019 from the possession of one Uttam Singh @ Raja Babu and the petitioner has been arrested along with Uttam Singh @ Raja Babu and on the basis of confessional statement of the petitioner, the petitioner has been made accused in this case. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive by the Police. Learned counsel further submits that from perusal of Annexure 2 to this bail application it would be

Patna High Court CR. MISC. No.26539 of 2020(3) dt.26-11-2020 2/2 evident that the seizure of stolen motorcycle was made from the co-accused Uttam Singh on which the petitioner was allegedly sitting. Learned counsel further submits that petitioner is in custody since 22.01.2020.

Having regard to the submission made by the parties and taking into consideration the materials available on record, I am inclined to grant the privilege of regular bail to the petitioner after framing of charge.

Accordingly, let the petitioner, above named, be released on regular bail after framing of charge on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM Saran at Chapra in connection with Khaira P.S. Case No. 435 of 2019. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T