Rajani Kant Tiwari @ Rajni Kant Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74171 of 2022 Arising Out of PS. Case No.-490 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== Rajani Kant Tiwari @ Rajni Kant Tiwari Son Of Gopal Tiwari R/O VillageRadhiya, P.S.- Govindganj, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kant Mani Tripathi, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail who is in custody since 02.10.2022 in connection with Govindganj P.S. Case No. 490 of 2022, F.I.R. dated 27.09.2022 for the offences punishable under Sections 420, 379, 384, 411/34 of the Indian Penal Code. According to prosecution case, the petitioner along with other accused persons have cheated the informant and his brother for a cash of Rs. 4,20,000/- against gold of the equivalent value.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He

Patna High Court CR. MISC. No.74171 of 2022(2) dt.13-04-2023 2/3 further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired on the basis of the confessional statement of the co-accused person, namely, Ajeet Kumar Dwivedi and except the confessional statement of the co-accused, no other no cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, co-accused, namely, Ajeet Kumar Dwivedi has been granted bail by a co-ordinate Bench of this Court vide order dated 16.03.2023 passed in Cr. Misc. No. 70687 of 2022. The petitioner is in custody since 02.10.2022.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries one criminal antecedent other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Motihari in connection

Patna High Court CR. MISC. No.74171 of 2022(2) dt.13-04-2023 3/3 with Govindganj P.S. Case No. 490 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T