Shiv Kumar Tiwari @ Shiv Kumar Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59090 of 2022 Arising Out of PS. Case No.-200 Year-2021 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== SHIV KUMAR TIWARI @ SHIV KUMAR TIWARY Son of Jag Narayan Tiwari @ Jagnarayan Tiwari @ Jag Tiwari Resident of Village- Bharatpura, P.S.- G.B. Nagar, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341, 323, 364, 302, 201, 34 of the IPC and section 27 of the Arms Act.

Allegedly, the F.I.R. named accused persons including the petitioner are said to have kidnapped the son of informant and thereafter shot him and disposed of the dead body in a ditch. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.59090 of 2022(2) dt.23-02-2023 2/2 omnibus in nature. It is submitted that there is no eye-witness of the alleged occurrence and only on suspicion, petitioner has been made accused in this case. Petitioner has one criminal antecedent and similarly situated co-accused namely Rohit Singh @ Rohit Kumar has been granted anticipatory bail by this Court vide order dated 02.11.2022 passed in Cr. Misc. No.32534 of 2022.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since similarly situated co-accused has been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with G.B. Nagar P.S. Case No.200/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T