Guard Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79219 of 2024 Arising Out of PS. Case No.-283 Year-2024 Thana- JAHANABAD District- Jehanabad ====================================================== Guard Tiwari, Son of Late Mogal Tiwari, Resident of village- Rasulpur, P.S.- Lalganj, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Advocate Mr. Raju Kumar, Advocate Mr. P.M.M. Pd., Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-02-2025 Heard Mr. N.K.Agarwal, learned senior counsel for the petitioner and Mr.Shailendra Kumar, learned APP for the State.

2. The petitioner has prayed for bail in connection with Jehanabad P.S. Case No. 283 of 2024 registered for the offence punishable under Sections 356 and 379 of the Indian Penal Code.

3. The case of the prosecution is that the informant has withdrawn Rs. 6 Lakhs from his account and was going on foot. At that time, two persons came on a bike and took away his bag containing Rs. 6 Lakhs. The F.I.R. was lodged against unknown miscreants.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.79219 of 2024(3) dt.24-02-2025 2/2 committed no offence. He was remanded in this case from another case and he has given his confessional statement. No recovery has been made from his posession. Police has already filed chargesheet. Though petitioner is having criminal antecedent of 7 cases, it has been submitted by the learned counsel for the petitioner that due to his antecedent, he has falsely implicated in this case. No specific allegation attributed against the petitioner. Petitioner is languishing in judicial custody since 11.07.2024.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jehanabad in connection with Jehanabad P.S. Case No. 283 of 2024.

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