Krishna Kant Tiwari @ Chunnu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59008 of 2017 Arising Out of PS.Case No. -149 Year- 2017 Thana -GAURICHAK District- PATNA ======================================================

1. Krishna Kant Tiwari @ Chunnu aged about 19 Years S/o Shivakant Tiwari, R/o Sonartoli, Shivakala Mandir, P.S.- Khajekala, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Dikhsit, Adv. Mr. Brij Bihari Tiwary For the Opposite Party/s : Mr. Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 13.09.2017 in connection with Gaurichak P.S. Case No. 149 of 2017 for the offence registered under Sections 394 of the Indian Penal Code. Learned counsel for the petitioner submits that the entire allegation made against the petitioner is false and mischievous and his name has surfaced in connection with the present case only on the basis of the confessional statement made before the police, which has no evidentiary value. It is further submitted that the petitioner is a student and the recovery of Yamha motorcycle which belonged to him had been purchased in the name of his mother.

Patna High Court Cr.Misc. No.59008 of 2017 (2) dt.18-12-2017 2/3 Considering the aforesaid facts and circumstances of the case and that the petitioner has no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Patna City in connection with Gaurichak P.S. Case No. 149 of 2017, subject to the following conditions :-

(1) One of the bailors will be his own relative, namely, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and

Patna High Court Cr.Misc. No.59008 of 2017 (2) dt.18-12-2017 3/3 in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Jagdish/- U