Chandan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78428 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- PUPRI District- Sitamarhi ====================================================== 1.

Chandan Tiwari Son of Surendra Tiwari Resident of Village - Bakhra, P.S. - Saraiya, District - Muzaffarpur 2.

Mehul Tiwari @ Mehul Kumar Son of Chandan Tiwari Resident of Village - Bakhra, P.S. - Saraiya, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agarwal, Sr. Adv.

Mr. Raju Kumar, Adv.

For the Opposite Party/s :

Mr. Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2023 Heard Mr. N.K. Agarwal, learned senior counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Pupri P.S. Case No. 88 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. The prosecution case, in short, is that on 27.02.2023 the Informant had gone to State Bank of India, Pupri Branch for withdrawal of money. While he was returning from the Bank after withdrawing Rs. 5,50,000/- which was kept in the bag of his wife, two motorcycle borne miscreants snatched the bag from his wife and fled away. The bag was also containing one mobile, Pan Card, Aadhar Card, Identity Card and Bundle of

Patna High Court CR. MISC. No.78428 of 2023(2) dt.06-12-2023 2/2 Cheque Book.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioners are not named in the F.I.R. and their names have surfaced in this case in course of investigation. Nothing incriminating has been recovered from the possession of the petitioners. No T.I.P. has been conducted till date. The petitioners are in custody since 10.04.2023. The petitioners have once criminal antecedent in which he is on bail.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the entire facts and circumstances of the case as also taking into account the period of custody, let the petitioners, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Pupri P.S. case No. 88 of 2023.

(Rudra Prakash Mishra, J) rishi/- U T