Pinku Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86346 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- AMNAUR District- Saran ====================================================== PINKU TIWARI S/o Raghuveer Tiwari R/o Village- Banni, P.S.- Nagra, District- Saran, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahtab Alam, Adv.
For the Opposite Party/s :
Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-02-2025 Heard the parties.
2. The petitioner is in custody in connection with Session Trial No. 886 of 2024 arising out of Amnour P.S. Case No. 132 of 2024 for the offence under Sections 498(A), (B), (C), (D) and 420/34 of the Indian Penal Code lodged on 08.05.2024 by the informant, Pintu Kumar.
3. As per the prosecution story, the informant alleged that on secret information, the house of Bacha Tiwari was raided and counterfeit currencies recovered/seized. Though accused tried to escape, they were arrested and disclosed their name as Bacha Tiwari, Dhiraj Kumar Singh, Pawan Kumar Manjhi as also Pinku Tiwari (the petitioner herein). All kinds of notes from Rs. 500/- to 200/- and 100/- beside Rs. 20 were recovered/seized from the accused. Accordingly, the FIR.
Patna High Court CR. MISC. No.86346 of 2024(2) dt.21-02-2025 2/3
4. Learned counsel for the petitioner submits that actual recovery/seizure is/are from Bacha Tiwari who has been granted bail, the police only to implicate, have shown recovery of certain amount from his pocket which seems improbable, is in custody since 08.05.2024 (paragraph 4 of the petition) having no criminal antecedent. He further submits that one of the coaccused, Pawan Kumar Manjhi has been granted bail in Cr. Misc. No. 72769 of 2024.
5. Learned APP opposes the prayer submitting that all of them when intercepted, had fake currency in their pockets beside recovery from Bacha Tiwari's house.
6. Considering the aforesaid submissions as also that he has remained in custody since 08.05.2024, FIR lodged, he shall be facing the trial, other co-accused has been granted bail, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five thousand) each with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge III cum Special Judge MP/MLA, Saran, Chapra, District-Saran in connection with Session Trial No. 886 of 2024 arising out of Amnour P.S. Case No. 132 of
Patna High Court CR. MISC. No.86346 of 2024(2) dt.21-02-2025 3/3 2024 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T