Guard Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79236 of 2024 Arising Out of PS. Case No.-362 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Guard Tiwari son of Mogal Tiwari Resident of Village- Rasulpur, Ps- lalganj, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr.Raju Goswami, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 18-03-2025 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 395 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. 50,000/- from the bank, two bikers came and snatched the bag containing cash. Accordingly, the FIR has been lodged against the unknown miscreants.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. The First Information Report (FIR) has been lodged against unknown miscreants. As the petitioner is having criminal antecedent, he was apprehended. It

Patna High Court CR. MISC. No.79236 of 2024(3) dt.18-03-2025 2/2 is further submitted that the petitioner was not put on Test Identification Parade (TIP) and nothing has been recovered from his conscious possession. Further submission is that similarly situated co-accused, namely, Guard Tiwari has since been extended the privilege of bail vide order dated 08.10.2024 passed in Cr.Misc. No. 71783 of 2024 by a Bench of this Court. Moreover, the petitioner is languishing in judicial custody since 27.06.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, 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. 362 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad.

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