Prashiddh Tiwari @ Prashiddh Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90016 of 2024 Arising Out of PS. Case No.-32 Year-2002 Thana- CHIRAIYA District- East Champaran ====================================================== Prashiddh Tiwari @ Prashiddh Pathak, Son of Late Ram Chandra Tiwari, Resident of Village- Parewa, P.S.- Sikarganj, District- East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2.The accused/petitioner seeks bail in connection with Chiraiya P.S. Case No.32 of 2002 registered for the offence punishable under Section 396 of the Indian Penal Code.
3. The accused/petitioner is not named in the FIR and is in custody since 20.09.2024.
4. Allegation against the petitioner is to commit dacoity on intervening night of 18th/19th March, 2002 and while doing so, committed murder of one Md. Haffiz Mian.
5. It is submitted by learned counsel
Patna High Court CR. MISC. No.90016 of 2024(9) dt.22-07-2025 2/3 appearing for petitioner that the name of petitioner transpired during the course of investigation on the basis of confessional statement of co-accused Ram Ballam Sahni, who was granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No.26472 of 2003. It is submitted that in furtherance of confessional statement of coaccused, nothing incriminating surfaced/recovered as to connect the petitioner prima facie with present occurrence of dacoity and murder. It is pointed out that T.I.P. was not conducted and moreover, the petitioner is a man of clean antecedent.
6. Learned APP opposed the prayer for grant of bail to the petitioner.
7. In view of aforesaid factual submissions and by taking note of fact as save and except suspicion arising out of confessional statement nothing prima facie appears incriminating against the petitioner, who is a man of clean antecedent, coupled with the fact that he remains in custody since 20.09.2024 accordingly, the petitioner,
Patna High Court CR. MISC. No.90016 of 2024(9) dt.22-07-2025 3/3 above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Sikrahna at Dhaka, East Champaran in connection with Chiraiya P.S. Case No.32 of 2002, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short 'CrPC')/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short 'BNSS').
(Chandra Shekhar Jha, J.) Sanjeet/- U T