Subodh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38043 of 2021 Arising Out of PS. Case No.-88 Year-2021 Thana- PIPRA District- East Champaran ====================================================== SUBODH TIWARI S/O RATAN TIWARI R/O VILLAGE-DAUDPUR MATHIA, P.S DAUDPUR, DISTRICT SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Rajesh Kumar Singh For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-04-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner seeks regular bail in connection with Pipra Police Station Case No. 88 of 2021, registered for the offence punishable under Sections 392/412 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the informant was intercepted by two motorcycle borne miscreants and they snatched Rs. 45,000/- from him and upon noise being raised by the informant, the petitioner, along with co-accused Jigar Tiwary, were apprehended by the persons assembled there and the looted money of Rs. 45,000/- was recovered from their possession.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.38043 of 2021(3) dt.07-04-2022 2/3 petitioner is not having any criminal antecedent and he has falsely been implicated in this case inasmuch as the petitioner, along with co-accused Jigar Tiwary were going on the motorcycle and a minor accident had taken place in which the informant was dashed by the motorcycle and there was dispute with regard to payment of compensation to the informant. He next submits that the petitioner is in custody since 18.03.2021 and charge sheet has been submitted against the petitioner and as such there is no likelihood that the petitioner will abscond and/or tamper with the evidence.

On the other hand, learned Additional Public Prosecutor submits that the petitioner was apprehended along with the looted money from the spot and there is direct allegation of loot against the petitioner.

Regards being had to the submissions advanced on behalf of the parties and taking into consideration the materials on record and the fact that charge sheet has been submitted against the petitioner, he is in custody since 18.03.2021, having no criminal antecedent, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on

Patna High Court CR. MISC. No.38043 of 2021(3) dt.07-04-2022 3/3 bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, East Champaran, at Motihari, in connection with Pipra Police Station Case No. 88 of 2021.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T Ț