Suraj Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18171 of 2018 Arising Out of PS.Case No. -246 Year- 2017 Thana -SAHPUR District- PATNA ====================================================== Suraj Kumar Tiwari, S/o Umesh Kumar Tiwari, R/o Village- Jagatpur, Yodha Rai Tola, P.S.- Basantpur, District- Siwan, Presently at E-4/D-79, Udyog Vihar Sector- 82, Salarpur, Maharishi, Noida, PS- Phase II, DistrictGautam Buddha Nagar (U.P.) .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kundan Kumar Singh, Advocate For the Opposite Party : Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is an accused in a case registered for offence under sections 467, 468, 471, 420/34 IPC.

Having no criminal antecedent, it is submitted on behalf of the petitioner that the petitioner was arrested from the Army area in Danapur on the allegation that he was alluring the candidates by impersonating himself as an Army officer and on the pretext of providing them employment he was taking money from them.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and other than his own confessional statement there is nothing on the record to incriminate him in the instant case. Similarly situated co-

Patna High Court Cr.Misc. No.18171 of 2018 (3) dt.17-05-2018 accused Sonu Kumar Tiwari and Sushil Kumar Tiwari have already been granted bail vide order dated 27.2.2018, passed in Cr Misc No. 11048 of 2018. Investigation has been completed and charge sheet has already been submitted in the case. Petitioner is in custody since 11.11.2017.

Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Danapur in Shahpur Police Station Case No. 246 of 2017 on the following conditions:- One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and The Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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