Kaushal Kishore Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50224 of 2015 Arising Out of PS.Case No. -492 Year- 2014 Thana -KAJI MUHAMMADPUR DistrictMUZAFFARPUR ====================================================== Kaushal Kishore Tiwari S/o Balram Tiwary resident of Mohalla- Aghoria Bazar, P.S.- Kazimohammadpur, District- Muzaffarpur .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sanjay Kumar @ S.K., Advocate For the State : Mr. Bharat Lal (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in a case registered under Sections379 of the Indian Penal Code.
It has been submitted that neither the stolen motorcycle was recovered from the possession of the petitioner and nor was any other incriminating article recovered from his possession. It is submitted that he has not been put to any Test Identification Parade. It is further contended that the petitioner was arrested first time on 30.12.2014 in Madhuban P.S. Case No.322/14 instituted under Sections 414 of the I.P.C. and 25(1-b)a, 26/35 of the Arms Act upon his alleged self-confessional statement, thereafter, he
Patna High Court Cr.Misc. No.50224 of 2015 (2) dt.10-11-2015 2 / 3 has been implicated in about nine cases including the present one and surprisingly, he has also been remanded in Pipra P.S. Case No.5/15 instituted under Section 392 of the I.P.C. on 06.01.2015 though he was already arrested on 30.12.2014. In nutshell, learned counsel for the petitioner submits that after his arrest and his alleged confessional statement in connection with Madhuban P.S. Case No.322/14, he has been remanded in several cases by the police without any rhyme and reason.
Having regard to the facts and the circumstances of the case, the petitioner, Kaushal Kishore Tiwari is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No.492/2014 with a condition that one of the bailors must be his father.
That apart, in view of the antecedents of the petitioner, he would be required to appear before the Superintendent of Police, Muzaffarpur within fifteen days of his release with a copy of this order and, thereafter, fortnightly for the next six months. The conduct of the petitioner will be kept under watch during the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall
Patna High Court Cr.Misc. No.50224 of 2015 (2) dt.10-11-2015 3 / 3 be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police as above, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police upon his appearance. (Dr. Ravi Ranjan, J) Sanjay-II/- U T