Shiv Chandra Tiwari @ Shiv Chandra Tiwary @ Shiv Chand Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7622 of 2023 Arising Out of PS. Case No.-141 Year-2022 Thana- KARPI District- Jehanabad ====================================================== Shiv Chandra Tiwari @ Shiv Chandra Tiwary @ Shiv Chand Tiwari Son Of Ramji Tiwary R/V- Kajhwan, P.S.- Jamhor, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Kant Singh For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Karpi (Sahar Telpa OP) P.S. Case No. 141 of 2022 registered under section 395 of the Indian Penal Code.

Prosecution case relates to dacoity of Rs. about eight lakhs from the cash counter on point of pistol in the Punjab National Bank, from the strong room, they looted 2,63,300/- and thereafter again they looted 8,63,413/- from the cash counter. Further alleged that they assaulted the bank staff also. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.7622 of 2023(2) dt.12-04-2023 2/2 in F.I.R. rather his name came into light in this case on the basis of confessional statement of other co-accused person as well as on the basis of CDR. It is also submitted that nothing looted articles have been recovered from the conscious possession of the petitioner. Neither any consistent evidence came against him nor any eye witness of the alleged occurrence. Moreover, he is languishing in judicial custody since 24.08.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Karpi (Sahar Telpa OP) P.S. Case No. 141 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Arwal. (Sunil Kumar Panwar, J) shubham/- U T