Manoj Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66289 of 2022 Arising Out of PS. Case No.-371 Year-2022 Thana- MASHRAK District- Saran ====================================================== MANOJ TIWARI, S/o Bhrigunath Tiwari, R/o Village- Balra, P.S- Sidhwaliya, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vijay Kumar, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Mashrakh Police Station Case No. 371 of 2022 registered for the offence under Sections 420, 407, 379, 120(B) of the Arms Act. The accused/petitioner is named in the F.I.R. and is in custody since 02.08.2022.

The allegation against the petitioner is of cheating and committing theft of several goods alongwith some unknown miscreants while loaded goods were in transit for Bhopal, by

Patna High Court CR. MISC. No.66289 of 2022(2) dt.22-02-2023 2/3 road.

Learned counsel appearing on behalf of the petitioner submitted that informant is the Manager of Transport Company, where the truck of petitioner is registered for transporting goods. It is also submitted that while truck was on the way of Bhopal, certain miscreants looted goods loaded on truck and as such, he himself is the victim of circumstances. It is submitted that no incriminating material/loaded items recovered from the possession of this petitioner. While concluding the argument, it is submitted that petitioner found involved in one more case, which is related with dowry, where he is on bail and moreover, investigation of this case is completed, where charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above as no incriminating material surfaced during investigation to suggest involvement of petitioner, prima facie, with present occurrence, who is in custody since 02.08.2022, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Mashrakh Police Station Case No. 371 of 2022 on

Patna High Court CR. MISC. No.66289 of 2022(2) dt.22-02-2023 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Saran at Chapra/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T