Patna High CourtCR. MISC./32622/2024bail granted

Bikki Tiwari @ Vikky Tiwari v. The State Of Bihar

2024-05-01Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32622 of 2024 Arising Out of PS. Case No.-162 Year-2023 Thana- DHAKA District- East Champaran ====================================================== Bikki Tiwari @ Vikky Tiwari, Son Of Gaurav Shankar Tiwari, Resident Of Village - Dipahi, P.S. - Chiraiya, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Dhakha (Pachpakari) P.S. Case No. 162 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. As per FIR, the allegation against three unknown miscreants is that they lashes with arms with covered face came to the informant and snatched the total collected amount of Rs. 49500/- from him.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Petitioner is not named in the F.I.R. He has no concern with the alleged occurrence. No any incriminating material has

Patna High Court CR. MISC. No.32622 of 2024(2) dt.01-05-2024 2/3 been recovered from his conscious possession. He has not been put on Test Identification Parade to ascertain his participation in the alleged occurrence. Charge-sheet has been submitted in this case. The petitioner has been remanded in this on 16.12.2023 from Dhaka P.S. Case No. 227 of 2023 and since then he is languishing in judicial custody.

5. Learned A.P.P. for the State has vehemently opposed the prayed for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the Court below/concern Court in connection with Dhaka (Pachpakari) P.S. Case No.162 of 2023, subject to the following conditions:- (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every dated fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

Patna High Court CR. MISC. No.32622 of 2024(2) dt.01-05-2024 3/3 (III) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have the liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) lata/- U T