Tapesh Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17686 of 2017 Arising Out of PS.Case No. -211 Year- 2016 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Tapesh Kumar Tiwari, Son of Late Lallan Tiwari, Resident of VillageHarpur Kothi, P.S.- Janta Bazar, District- Chapra. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. P. K. Shahi, Sr. Advocate For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-04-2017 This is an application for grant of bail for offences punishable under Sections 272, 273, 414, 467, 468, 471 and 120B of the Indian Penal Code and Section 30(a) of Bihar Prohibition Excise Act, 2016.

Allegation against the petitioner is that he is named in the F.I.R. and, according to the F.I.R., petitioner was not arrested on the spot rather from other co-accused huge quantity of liquor has been recovered.

It has been submitted on behalf of the petitioner that other co-accused has been granted bail by a Bench of this Court which is kept at Annexure-4 to this petition. Petitioner is in custody for about four months.

Heard learned A.P.P. also. He submits that petitioner has two other cases about which it is mentioned in para-3 of the

Patna High Court Cr.Misc. No.17686 of 2017 (2) dt.17-04-2017 2/2 petition.

Having heard both sides, in view of the fact that other co-accused has been granted bail and petitioner's name has transpired on the confessional statement of the co-accused, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari, in connection with Pipra Kothi P.S. Case no. 211 of 2016 with the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the court concerned. (ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sudip/- U T