Vicky Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27882 of 2022 Arising Out of PS. Case No.-175 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== VICKY TIWARI Son of Gaurishankar Tiwari Resident of Village - Dipahi, P.s.- Chiraiya, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh For the Opposite Party/s :

Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.

As per the prosecution case, four unknown miscreants boarded on two motorcycles robbed Rs. 83,380/- from the customer service center of SBI on the point of knife. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.27882 of 2022(2) dt.19-09-2022 2/3 case. No incriminating article has been recovered from the possession of the petitioner. The petitioner is not named in the F.I.R and the name of the petitioner has sprung up in the confessional statement of the co-accused person. The petitioner is accused in ten other criminal cases which are of similar nature and he is on bail in eight criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 07.01.2021. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, East Champaran, Mothari in connection with Ghorasahan P.S. Case No. 175 of 2020, with following conditions:-

1. One of the bailors shall be a close relative of the petitioner who shall give genealogy as to how he is related to the petitioner.

2. The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.27882 of 2022(2) dt.19-09-2022 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

3. If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.

The application stands allowed.

(Chandra Prakash Singh, J) niku/- U T