Rupesh Tiwari @ Ajit Mani Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34189 of 2024 Arising Out of PS. Case No.-487 Year-2023 Thana- SIWAN CITY District- Siwan ====================================================== Rupesh Tiwari @ Ajit Mani Tiwari Son of Birendra Mani Tripathi Resident of Village- Jaijore, Police Station- Ander, Dist.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Siwan Town P.S. Case No. 487 of 2023 dated 19.09.2023 registered for the offences punishable under section 302/34 of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the informant's husband, Shivaji Tiwari along with his brother was returning to his home on his motorcycle after shutting down the grocery shop. In the meantime, when he reached near Andar bridge Renua road 200 meters before to his house, the bhaisur of the informant saw that two unknown miscreants board on a

Patna High Court CR. MISC. No.34189 of 2024(2) dt.13-05-2024 2/3 motorcycle fired on the head of Shivaji Tiwari and his brother. The injured were taken to the hospital where doctor declared the informant's husband Shivaji Tiwari dead.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. He has been made accused in this case on the disclosure of his name by the spy. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 04.11.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, 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, Siwan in connection with Siwan Town P.S. Case No. 487 of 2023, with a condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.34189 of 2024(2) dt.13-05-2024 3/3 cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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