Patna High CourtCR. MISC./28077/2019allowed

Rupesh Tiwari v. The State Of Bihar

2019-04-29Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28077 of 2019 Arising Out of PS. Case No.-291 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== RUPESH TIWARI S/o Late Umesh Tiwari R/o village- Mankarariya, TolaHasepur, P.S.- Paharpur, District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bijay Prakash Singh For the Opposite Party/s :

Mr.Bharat Bhushan(App156) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-04-2019 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Govindganj (Areraj) P.S. Case No. 291 of 2018 for the offenses under Sections 387 and 120-B of the Indian Penal Code. Allegation against the petitioner is that on mobile phone he was demanding rupees ten lacs from the informant on behalf of Rudra Sena.

Learned counsel for the petitioner submits that on the basis of his involvement in one case, he has been made accused in other cases. He referred to para-3 of the petition to indicate that after Govindganj P.S. Case No. 292 of 2018, under Section 387 of IPC, subsequent cases i.e. Govindganj P.S. Case Nos.

Patna High Court CR. MISC. No.28077 of 2019(2) dt.29-04-2019 2/2 293, 294 and 296 of 2018 which indicates false implication of the petitioner in the present case. The petitioner is in custody since 20.11.2018.

Considering the fact that police has made the petitioner accused in other cases and the petitioner has remained custody for more than five months, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate,-I, East Champaran, Motihari, in connection with Govindganj (Areraj) P.S. Case No. 291 of 2018.

(Anil Kumar Upadhyay, J) spandey/- U T