Patna High CourtCR. MISC./86625/2023bail granted

Gaurav Kumar Tiwary @ Gaurav Tiwary v. The State Of Bihar

2024-01-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86625 of 2023 Arising Out of PS. Case No.-266 Year-2023 Thana- KARAHGAR District- Rohtas ====================================================== Gaurav Kumar Tiwary @ Gaurav Tiwary Son of Dharikshan Tiwari Resident of Village - Samardiha, P.S. Sasaram, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Kargahar P.S. Case No. 266 of 2023 instituted for the offences under Sections 379/411 of the Indian Penal Code.

3. The prosecution case, in brief, is that the Informant on 15.07.2023 at about 6 P.M. had parked his motorcycle bearing Registration No. BR24S-0576 but, after some time, he saw that two boys were fleeing away with his motorcycle. On chase, he caught hold one of the boys who disclosed his name as Gaurav Kumar (the petitioner). On information, the police came there and, thereafter, the boy along with the motorcycle was handed over to the police.

Patna High Court CR. MISC. No.86625 of 2023(2) dt.19-01-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to village politics. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present bail application. He further submits that nothing has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. The petitioner is in custody since 16.07.2023.

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

6. Considering the entire facts and circumstances of the case and taking into account the period of custody, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kargahar P.S. case No. 266 of 2023. (Rudra Prakash Mishra, J) rishi/- U T