Shyam Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58221 of 2023 Arising Out of PS. Case No.-69 Year-2022 Thana- VALMIKINAGAR District- West Champaran ====================================================== Shyam Tiwari Son Of Prakash Chandra Tiwari @ Tuntun Tiwari Village Harpur, Ps- Majhaulia, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Milind Kumar Mishra For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Valmikinagar P.S. Case No. 69 of 2022 dated 01.07.2022 registered for the offences punishable under Sections 328, 420 and 379 read with 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the coaccused person along with 3 unknown miscreants are alleged to have served intoxicated cold drink to the informant who became unconscious and they stole the car, a mobile phone, Rs. 1,000/- and driving license of the informant.

5. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.58221 of 2023(2) dt.01-09-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the petitioner was the informant of this case. The petitioner is accused in four other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 27.03.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that there is sufficient material against the petitioner for his involvement of the alleged crime.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bagaha, West Champaran in connection with Valmikinagar P.S. Case No. 69 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T