Rajan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60772 of 2022 Arising Out of PS. Case No.-291 Year-2021 Thana- GOVINDGANJ District- East Champaran ====================================================== RAJAN TIWARI Son of Shashikant Tiwari R/O Village- Rampurwa, (Manguraha), P.S- Govindganj (Malahi), District- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Singh,Adv.

For the Opposite Party/s :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2023 Heard the learned counsel for the petitioner and the learned APP for the State, Ms. Asha Kumari.

The petitioner seeks regular bail in connection with Govindganj (Malahi) P.S. Case No. 291 of 2021, registered for the offence punishable under Sections 379, 411/34 of the Indian Penal Code.

The allegation is regarding the petitioner having been caught from inside the shop of the informant and it is alleged that the petitioner had an intention to commit theft in the

Patna High Court CR. MISC. No.60772 of 2022(2) dt.24-01-2023 2/3 hardware shop of the informant.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 22.09.2021. It is further submitted that the petitioner had already been suitably punished on account of the period of incarceration already undergone by the petitioner herein.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials on record as also considering the period of custody already undergone by the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner

Patna High Court CR. MISC. No.60772 of 2022(2) dt.24-01-2023 3/3 is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari in connection with Govindganj (Malahi) P.S. Case No. 291 of 2021.

(Mohit Kumar Shah, J) kanchan/SonalU T