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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57722 of 2021 Arising Out of PS. Case No.-13 Year-2020 Thana- RAMGARHWA District- East Champaran ====================================================== RAJAN TIWARI @ RAJAN KUMAR TIWARI Son of Krishna Tiwari @ Krishna Bihari Tiwari Resident of Village - Shreepur, P.S.- Chhauradano, District - East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Syed Ehteshan Uddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner and Mr. Syed Ehteshamuddin learned A.P.P. for the State.

The petitioner seeks bail in connection with Sessions Trial No. 2912 of 2021 arising out of Ramgarhwa P.S. Case No. 13 of 2020 instituted for the offences under Sections 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 18.09.2020 and charges have been framed. The petitioner has antecedent of 9 cases and the informant alleges that 2 unknown miscreants looted the informant's motorcycle and a cash of Rs. 1,08,925/- Learned counsel for the petitioner submits that the First Information Report is against unknown persons and the

Patna High Court CR. MISC. No.57722 of 2021(2) dt.07-03-2022 2/3 name of the petitioner came in the confessional statement of coaccused Munna Patel. The police implicated the petitioner in this case based on the confessional statement of co-accused Munna Patel because of his antecedent, no incriminating article was recovered from his possession nor the petitioner was put on T.I. Parade. It is further submitted that though charges have been framed but the trial has not commenced.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that the petitioner has antecedent of 9 cases.

Considering the fact that the petitioner is in custody since 18.09.2020, charges have been framed and his name came in the confessional statement of co-accused Munna Patel and was not put on T.I. Parade nor any incriminating article was recovered from his possession, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul, Motihari, East Champaran in connection with Ramgarhwa P.S. Case No. 13 of 2020, subject to condition that one of the bailor shall be the father of the petitioner, namely, Krishna Tiwari @ Krishna Bihari Tiwari and in the event if the petitioner on two

Patna High Court CR. MISC. No.57722 of 2021(2) dt.07-03-2022 3/3 consecutive dates does not appear in the trial, the learned Court below shall forthwith cancel his bail bonds.

(Satyavrat Verma, J) Jagdish/- U T