Ratnesh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78033 of 2018 Arising Out of PS. Case No.-174 Year-2018 Thana- KESARIA District- East Champaran ====================================================== Ratnesh Tiwari S/o Bhavanath Tivari, R/o Vill.- Kushi Harapur Ramani, P.S.- Kanti, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Kesariya P.S. Case No. 174 of 2018 arising out of G.R. Case No.3060 of 2018 registered for the offence punishable under Sections 420 and 379 of the Indian Penal Code.

Informant has alleged that while he had gone to ATM to withdraw Rs.7,000/- the same could not be withdrawn and subsequently he received a message that Rs.7,000/- was transferred into the account of Mina Devi.

It has been submitted on behalf the petitioner that he has been falsely implicated in this case only on the basis of his self-confessional statement and except the said self-confessional statement, there is no any other incriminating material against the petitioner. He has been remanded in this case from Kesariya

Patna High Court Cr.Misc. No.78033 of 2018(2) dt.07-01-2019 2/2 P.S. Case No. 154 of 2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 11th, Motihari, in connection with Kesariya P.S. Case No. 174 of 2018 arising out of G.R. Case No.3060 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

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

(S. Kumar, J) Sanjay/- U T