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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6681 of 2016 Arising Out of PS.Case No. -499 Year- 2015 Thana -MADHUBANI TOWN DistrictMADHUBANI ====================================================== Rahul Tiwari @ Rahul Kumar Tiwari Son of Chhotay Tiwari Resident of village - Mathurapur, Police Station Mathurapur, District - Samastipur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shailendra Kumar Jha, Advocate.

For the Opposite Party : Mr. Ajay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Madhubani Town P.S. Case No. 499 of 2015, registered for the offences punishable under Sections 379, 401, 411 and 34 of the Indian Penal Code.

Allegedly the petitioner was caught with stolen amount of Rs. 35000/- when he was trying to flee away after cutting the bag of the informant and taking away the same and further the petitioner disclosed his name and of his associates also. Submission is of false implication and that no denomination of notes are given in the first information report, the

Patna High Court Cr.Misc. No.6681 of 2016 (3) dt.08-04-2016 2/2 petitioner has been made victim of the circumstances, as a matter of fact nothing was recovered from possession of the petitioner he is poor carpenter and the police has wrongly recorded his confessional statement the petitioner is in custody since 01.12.2015 having no criminal antecedent to which the learned APP opposes.

In the facts and circumstances stated above the petitioner shall be released on bail after completion of six months in custody on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No. 499 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) KKSINHA/- U T