Vikash Kumar Tiwari @ Vikas Tiwari v. The State Of Bihar

Patna High Court Cr.Misc. No.7387 of 2017 (2) dt.18-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7387 of 2017 Arising Out of PS.Case No. -489 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Vikash Kumar Tiwari @ Vikas Tiwari, son of Sri Awadhesh Tiwari, Resident of Village- Sareya Wards No.4, Police Station- Gopalganj, District- Gopalganj.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Gopalganj Town P.S. Case No. 489 of 2016 registered for the offence punishable under Section 414 of the Indian Penal Code.

Allegedly, the petitioner was apprehended with Platina Motorcycle having Registration No. BR28A-9402. Submission is of false implication and that the said motorcycle is not stolen motorcycle rather it is of Rakesh Kumar Barnwal, the brother of co-accused Rohit Prasad, and that motorcycle has already been released in favour of Rakesh Kumar Barnwal and on that ground Rohit Prasad has been allowed bail and the petitioner is suffering in custody since 24.11.2016 and as such the petitioner deserves sympathetic consideration.

Patna High Court Cr.Misc. No.7387 of 2017 (2) dt.18-03-2017 Learned APP fairly submits that the said motorcycle has already been released in favour of Rakesh Kumar Barnwal. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Gopalganj Town P.S. Case No. 489 of 2016, 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) avin/- U T