Patna High CourtCR. MISC./42386/2021bail granted

Rahul Kumar Tiwari v. The State Of Bihar

2022-03-03Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42386 of 2021 Arising Out of PS. Case No.-48 Year-2020 Thana- BARURAJ District- Muzaffarpur ====================================================== RAHUL KUMAR TIWARI S/O ANIL KUMAR TIWARI R/O VILLAGEBASHGHAT, P.S.- CHAKIYA, DISTRICT-EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jai Prakash Verma, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-03-2022 Heard learned counsel for the parties.

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 accused persons are stated to have snatched the motorcycle of the informant on the point of firearm.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. Baruraj P.S. case no.49 of 2020 was registered by the Police personnel with respect to the theft of the same motorcycle while the instant application has been registered by the owner of the motorcycle. The petitioner has been enlarged on bail in Baruraj P.S.Case no.49 of 2020 vide order dated 6.8.2021 passed in

Patna High Court CR. MISC. No.42386 of 2021(04) dt.03-03-2022 2/2 Cr.Misc. No.38162 of 2020. The petitioner is in custody since 28.8.2020 and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over 1 year 6 months, the Court directs the petitioner to be enlarged on bail in connection with Baruraj P.S. Case no. 48 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Muzaffarpur.

(Partha Sarthy, J) Bibhash/- U