Gopal Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88056 of 2024 Arising Out of PS. Case No.-503 Year-2021 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Gopal Tiwari Son of Late Ramchandra Tiwari Resident of village - Kararia, Police Station - Gopalganj, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Najeeb Ahmad For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-01-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 413, 414 and 34 of the Indian Penal Code.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that Guddu was apprehended with stolen mobiles, who disclosed that the mobiles are stolen by his brother, i.e., the petitioner, and he sells them in the market.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case based

Patna High Court CR. MISC. No.88056 of 2024(2) dt.08-01-2025 2/3 on confessional statement of his brother, Guddu. It is next submitted that the case is instituted under Section 413 of the IPC, but then petitioner is a person with clean antecedent. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Gopalganj Town P.S. Case No. 503 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation or is not presenting himself as and when required,

Patna High Court CR. MISC. No.88056 of 2024(2) dt.08-01-2025 3/3 the learned trial court shall be at liberty to forthwith cancel the bail bonds of the petitioner after recording reasons. 8.

Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) SUMIT/- U T