Rohit Kumar @ Rohit Tiwari @ Rohit Kumar Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48 of 2024 Arising Out of PS. Case No.-777 Year-2020 Thana- MADHAURAH District- Saran ====================================================== Rohit Kumar @ Rohit Tiwari @ Rohit Kumar Tiwary Son of Ganesh Tiwari Resident of Village- Mahuli, Police Station- Isuapur, Distt- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, 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 Marhowrah P.S. case No. 777 of 2020 instituted for the offences under Sections 392 of the Indian Penal Code.

3. Prosecution allegation, in short, is that three unknown miscreants snatched the motorcycle of the informant on the point of pistol.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.03.2023 and has eight criminal antecedents but out of the eight cases, he is on bail in

Patna High Court CR. MISC. No.48 of 2024(2) dt.19-01-2024 2/3 seven cases. The petitioner has falsely been implicated in the present case only on the basis of the confessional statement of the co-accused, Golu Kumar. Nothing incriminating has been recovered from the possession or from the house of the petitioner. Learned counsel further submitted that the coaccused person, on similar footing, has been granted bail by the co-ordinate Bench of this Court vide order dated 28.07.2023 passed in Cr. Misc. No. 45306 of 2023.

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

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Marhowrah P.S. case No. 777 of 2020, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.48 of 2024(2) dt.19-01-2024 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T