Prashant Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33318 of 2019 Arising Out of P.S. Case No.-387 Year-2018 Thana- BUXAR MUFFSIL District- Buxar ====================================================== PRASHANT TIWARI, aged about 36 years, Male, Son of Ajeet Tiwari Resident of Village - Jogiyan, P.S.- Dinara, Dist.- Rohtas. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Dr. Kamal Deo Sharma, Advocate For the Opposite Party :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 399, 402 and 414 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

The prosecution case is that on secret information on 22.12.2018 in the night, police received information that some criminals are moving in white colour four wheeler and all the accused persons were planning for loot.

It is submitted on behalf of the petitioner that the petitioner has been named by co-accused Ankit Tiwary. It is further submitted that no incriminating article has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.33318 of 2019(2) dt.31-07-2019 2/2 Petitioner has got no criminal antecedent. It is also submitted that save and except confessional statement of co-accused, there is nothing against this petitioner. Petitioner is not the owner of the alleged vehicle which has been seized by the police. Considering the facts aforesaid, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar/successor Court in connection with Buxar (M) P.S.Case No.387 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioner.

(Prabhat Kumar Singh, J) B.Kr./- U T