Guddu Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34409 of 2025 Arising Out of PS. Case No.-164 Year-2025 Thana- MANER District- Patna ====================================================== 1.

Guddu Tiwari S/O Late Gulab Tiwari Resident of Babangawa, P.S.- Krishangardh, District- Bhojpur, Ara 2.

Raju Tiwari S/O Bhola Tiwari Resident of Babangawa, P.S.- Krishangardh, District- Bhojpur, Ara 3.

Rocket Pandey S/O Jagarnath Pandey R/O Vill.- Rasoolpur @ Rasul Nagar, P.s.- Lalganj, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr. Raju Goshwami, Advocate Ms. Diksha Kumari, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-05-2025 Heard Mr. N.K. Agarwal, learned Senior Counsel for the petitioners and Mr. Binod Kumar, learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 304(2) and 317(2) of the Bhartiya Nyaya Sanhita, 2023.

3. The case of the prosecution is that when the informant Rajendra Prasad Singh and his wife were returning from SBI, Danapur having withdrawn Rs. 2,00,000/- and were alighted from a tempo in front of their house, in the meantime,

Patna High Court CR. MISC. No.34409 of 2025(2) dt.22-05-2025 2/3 two miscreants on a bike snatched the bag containing the said money and fled away.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case. Learned counsel for the petitioners has submitted that the FIR was lodged against unknown miscreants. During investigation, one Sarju Tiwary was arrested and he has given his confessional statement even the petitioners have also given their confessional statement. He has further submitted that as far as recovery is concerned, Rs. 69,000/- and one Apache bike were recovered. He has also submitted that the bike and cash belong to the petitioners. Moreover, they are languishing in judicial custody since 12.03.2025. Learned counsel for the petitioners has submitted that the offences which are alleged against the petitioners carry sentence of three years and are triable my Magistrate.

5. Learned APP appearing for the State has opposed the prayer of regular bail and submitted that petitioner No.1 has two criminal antecedents, petitioner No. 2 has one criminal antecedent and petitioner No. 3 has two criminal antecedents.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is

Patna High Court CR. MISC. No.34409 of 2025(2) dt.22-05-2025 3/3 inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Maner P.S. Case No. 164 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Danapur (Patna).

(Ashok Kumar Pandey, J) Shubham/- U T