Niraj Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19151 of 2015 Arising Out of PS.Case No. -49 Year- 2015 Thana -CHENARI District- SASARAM (ROHTAS) ======================================================
1. Niraj Tiwari, son of Dev Bansh Tiwari, resident of Village- Bhabhasi, P.S.- Chenari, District- Rohtas.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashutosh Ranjan Pandey For the Opposite Party/s : Mr. Kr. Ranjit Ranjan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 14.03.2015 for the offences instituted under Sections 384 /385 /386 /379 /504 /506 /34 of the Indian Penal Code.
The prosecution story, in brief, is that one Gupta Nath Upadhyay of village Narayana under Chenari police station lodged a written complaint before the Chenari police on 14.03.2015 at 05:30 P.M. he was standing near Madhya Bihar Gramin Bank Banarui Chenari in the meanwhile two persons including the petitioner came near him on motorcycle and they caught hold on his hand and admitted to take him by motorcycle. The informant alleged that when Dhananjay Mishra and Mokaran Beg protested thereupon they took away Rs. 2300/- from his pocket. It was
Patna High Court Cr.Misc. No.19151 of 2015 (3) dt.02-09-2015 P2/3 further alleged that about one week ago both persons had demanded Rangdari tax of Rs. 2500/- and threatened to kill in case of refusal. The informant further claimed that about three days ago Rangdari tax was demanded from Circle Officer, Chenari, on interference of police the matter was resolved. The informant claimed that both the persons are being protected by criminal gangs to earlier also they were accused in the case of murder and firing. The informant claimed that when occurrence took place at that time Mumtaz Ali and Dhanajay Tiwari also claimed. The informant claimed that they are protected by criminal gang and can make attempt upon the life of property. On the basis of this statement Chenari P.S. Case No 49 of 2015 was instituted.
It has been submitted on behalf of the petitioner that the petitioner that the petitioner is in custody since 14.03.2015 and has no criminal antecedent. It is further submitted that the petitioner has been implicated in this case due to village politics. On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate,
Patna High Court Cr.Misc. No.19151 of 2015 (3) dt.02-09-2015 P3/3 1st Class, Sasaram, Rohtas in connection with chenari P.S. Case No. 49 of 2015.
(Sudhir Singh, J) Saif/- U T