Rajnish Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72123 of 2019 Arising Out of PS. Case No.-154 Year-2019 Thana- GOVINDGANJ District- East Champaran ====================================================== RAJNISH KUMAR TIWARI Son of Udhav Tiwari Resident of Village - Babhnauli, P.S. - Govindganj, Dist.- East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Section 394 of the Indian Penal Code.

Informant in his written complaint has alleged that on 27.05.2019 he was coming on his motorcycle with Rs. 1 Lac cash and some documents of the company in the way he was stopped by three unknown miscreants and two of them assaulted him as a result of which he fell down and all the three fled away with his motorcycle and the bag containing documents and cash was thrown on the road and soon thereafter they return and took the said bag.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.72123 of 2019(2) dt.04-12-2019 2/2 he is innocent and has been falsely implicated in this case and the alleged bag which has been recovered shows the documents belonging to the petitioner. Petitioner is not named in the FIR. Petitioner is in custody since 06.08.2019.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending, in connection with Govindganj P.S. Case No. 154 of 2019, 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/her absence on two consecutive dates without sufficient reason, his/her 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) ranjan/- U