Guard Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71783 of 2024 Arising Out of PS. Case No.-1066 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== Guard Tiwari S/O Mogal Tiwari Resident of Village- Rasulpur, P.S- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal (Sr. Adv.) :

Mr. Kumar Rajdeep (Adv.) :

Mr. Raju Goswami (Adv.) For the Opposite Party/s :

Mr. Rabindra Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

3. The case of the prosecution is that when the informant was going on a tempo after withdrawing money of Rs. 5O,000/- from the bank, two bikers came and snatched the bag containing cash. None was apprehended at the spot, during the investigation, on the basis of bike number, this petitioner was apprehended.

4.Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is also submitted that the petitioner has given his confessional statement and has admitted his guilt. It is also very strange that no TIP has been conducted.

Patna High Court CR. MISC. No.71783 of 2024(2) dt.08-10-2024 2/2 It is further submitted that the petitioner is languishing in judicial custody since 19.05.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail. The petitioner is having seven criminal antecedents.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jehanabad P.S. Case No. 1066 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned

7. Accordingly, the regular bail application stands allowed with conditions that:

(i) That the petitioner shall not indulge in similar nature of the offences in future.

(ii) That the petitioner shall fortnightly report to the Police Station.

(Ashok Kumar Pandey, J) Sudhanshu/- U T