Raja Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71128 of 2024 Arising Out of PS. Case No.-87 Year-2023 Thana- RAXAUL District- East Champaran ====================================================== Raja Tiwari Son of Shiv Prasad Tiwari Resident Of Village- Naya Basti, Tumariya Tola, P.O. And P.S.- Raxaul, (Haraiya), Dist.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravin Kumar For the Opposite Party/s :
Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 13-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Learned counsel for the petitioner has filed supplementary affidavit, let it be kept on record.
3. The petitioner is apprehending his arrest in connection with Raxaul (Haraiya) P.S. Case No. 87/2023 registered for the offences punishable under Section 387 of the Indian Penal Code.
4. As per prosecution case, informant has stated that ransom call is being received in the name of unknown person who has stated his name as Aayan Khan AK 47 and demanded Rs.10 lakh as ransom and threatened to kill him if the same is not fulfilled.
5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.71128 of 2024(4) dt.13-12-2024 2/3 petitioner is not named in the FIR and his name has been transpired in this case upon the confessional statement of coaccused Sanjiv Kumar and Jainullah Ansari. Except confessional statement of co-accused, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence. The petitioner bears criminal antecedent of two cases. He further submits through supplementary affidavit that the petitioner has no concern with the alleged Nepali sim/mobile number no.9779809286269 as well as said coaccused. He further submits that the petitioner is not the accused of any offence relating to Section 387 of the IPC earlier to the present case. He further submits that the petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case due to dirty village politics.
6. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.
7. Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of
Patna High Court CR. MISC. No.71128 of 2024(4) dt.13-12-2024 3/3 Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Raxaul at Motihari, East Champaran in connection with Raxaul (Haraiya) P.S. Case No. 87/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Alok Kumar Pandey, J) amitkumar/- U T