Ashutosh Tiwari @ Tannu @ Tannu Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36498 of 2019 Arising Out of PS. Case No.-155 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== 1.

Ashutosh Tiwari @ Tannu @ Tannu Tiwari, aged 22 years, male, Son of Jitendra Tiwari Resident of Village - Hospital Road, Ward No. 19, P.S. - Siwan Town, District - Siwan.

2.

Sandeep Yadav, aged about 19 years, male, Son of Rajbali Yadav Resident of Village - Paal Nagar, P.S. - Siwan Town, District - Siwan. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Bijay Prakash Singh, Advocate.

For the Opposite Party:

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-06-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 10.04.2019 in connection with Siwan Muffasil P.S. Case No. 155 of 2019 for the offences alleged under Sections 272, 273, 414 of the Indian Penal Code and Sections 30(a), 41(1) of Bihar Prohibition and Excise Act, 2018..

3. It is submitted that the petitioners have been falsely implicated in connection with recovery of 135 litres of foreign liquor from a car. The petitioners has no concern with the goods recovered. The petitioners are neither the owner nor driver of the subject car. The petitioners claim clean antecedents.

Patna High Court CR. MISC. No.36498 of 2019(2) dt.13-06-2019 2/2

4. Be that as it may, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned 2nd Additional Sessions Judge-cum Special Judge, Excise, Siwan in connection with Siwan Muffasil P.S. Case No. 155 of 2019, on the following conditions- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) BT/- U T