Vikash Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36704 of 2018 Arising Out of PS.Case No. -193 Year- 2017 Thana -JANTA BAZAR District- SARAN ======================================================

1. Vikash Tiwari, S/o Virendra Tiwari, R/o Vill.- Harpur Khothi, P.S.- Janta Bazar, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Smt Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 12-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Janta Bazar P.S. Case No.193 of 2017 instituted for the offence under Section(s) 413, 414 Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the written report.

In the written report, it is alleged that one Rajesh Kumar Tiwari was apprehended by the police and on his disclosure being made stolen motorcycle was recovered from behind the house of Rajesh Kumar Tiwari. Co-accused, Rajesh Kumar Tiwari, disclosed the name of this petitioner before the police.

It is mentioned in para 3 of the bail petition that

Patna High Court Cr.Misc. No.36704 of 2018 (3) dt.12-07-2018 2/2 petitioner has clean antecedents.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Janta Bazar P.S. Case No.193 of 2017, he shall be released on anticipatory 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, Saran at Chapra, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T