Rahul Tiwari @ Rahul Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38263 of 2022 Arising Out of PS. Case No.-200 Year-2021 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== RAHUL TIWARI @ RAHUL KUMAR TIWARI S/o Sri Krishna Kant Tiwari Resident of Village- Chachopali, P.S.- G.B. Nagar, District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Parasmani For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with G.B. Nagar P.S. Case No. 200 of 2021, registered for the offences punishable under Sections 341, 323, 364, 302, 201, 34 of the IPC and Section 27 of the Arms Act. As per allegation, one dozen criminals after overtaking the bike of the son of the informant started indiscriminate firing on him resulting into his death. One day prior to the occurrence the deceased had an altercation with 13

Patna High Court CR. MISC. No.38263 of 2022(2) dt.03-11-2022 2/3 named accused persons including the petitioner and other 4-5 persons.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case and the informant is not an eye witness. He has submitted that considering this fact the learned coordinate Bench has granted bail to co-accused Nitish Singh @ Piklu in Cr. Misc No. 64502/2021 and the case of the petitioner is on similar footing. Considering the above-mentioned facts and circumstances and also considering the fact that co-accused Nitish Singh @ Piklu has been granted bail, let the petitioner above-named be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Siwan in connection with G.B. Nagar P.S. Case No. 200 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the

Patna High Court CR. MISC. No.38263 of 2022(2) dt.03-11-2022 3/3 bail of the petitioner and the learned court below will take decision in accordance with law.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) SONALI/- U T