Nagin Tiwari @ Dhirgunandan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27094 of 2020 Arising Out of PS. Case No.-164 Year-2020 Thana- AKBARPUR District- Nawada ====================================================== NAGIN TIWARI @ DHIRGUNANDAN TIWARI Son of Mukutdhari Tiwari Resident of Village Pachrukhi, P.S. Akbarpur, District - Nawada. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate.

For the Opposite Party/s :

Mr. Shamyeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-11-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 147, 148, 149, 295, 295 A, 153, 153 B, 341 and 323, of the Indian Penal Code.

Patna High Court CR. MISC. No.27094 of 2020(2) dt.27-11-2020 2/3 While the informant was on duty, he received information on telephone that persons of two communities were engaged in brick bating. When he along with the police reached at the place of occurrence and apprehended four persons. The apprehended persons disclosed the name of the petitioner as one of their accomplices.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to dirty village politices and enmity. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has been made accused in this case on the confessional statement of apprehended persons which has no evidentiary value in the eye of law. He has no criminal antecedent. Similarly situated co-accused, namely, Md. Samiullah @ Samiullah and others have been enlarged on bail by a co-ordinate bench of this court vide order dated 01.10.2020 passed in Cr. Misc. No. 24524 of 2020. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond

Patna High Court CR. MISC. No.27094 of 2020(2) dt.27-11-2020 3/3 of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Akbarpur P.S. Case No. 164 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Trivedi/- U T