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Patna High Court - Orders

Raman Kumar Tiwari vs The State Of Bihar on 24 June, 2014

Author: Ahsanuddin Amanullah

Bench: Ahsanuddin Amanullah

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.9378 of 2014
             Arising Out of PS.Case No. -200 Year- 2013 Thana -BHAGWANPUR District- VAISHALI (HAJIPUR)
                 ======================================================
                 Raman Kumar Tiwari S/O Sri Munna Tiwari Resident of Village- Asatpur
                 Satpura, P.S.- Bhagawanpur, District- Vaishali.
                                                                       .... .... Petitioner
                                                  Versus
                 The State of Bihar                               .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner    :      Mr. Dhananjay Mishra, Advocate
                 For the Opposite Party : Mr. A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
                                                  ORAL ORDER

3   24-06-2014

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

The petitioner seeks bail in Bhagwanpur P.S. Case No.200 of 2013, instituted under Section 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the allegation is that the petitioner along with another person was caught by the police after trying to run away as they were preparing to sell a stolen motorcycle, but the fact is that the petitioner was coming from the market place and because he was there, due to confusion he has been arrested. It is further submitted that the petitioner has clean antecedent and is in custody since 03.09.2013 and that there has been no recovery of any incriminating material from him. Learned counsel has produced web copy of order dated 19.04.2014 passed by a coordinate Bench of this Court in Cr. Misc. No.8894 of 2014, by Patna High Court Cr.Misc. No.9378 of 2014 (3) dt.24-06-2014 2/2 which similarly situated co-accused Sanjeev Kumar Sahani, who was also caught on the spot, has been granted bail. Let the same be kept on record.

Considering the facts and circumstances of the case and submissions of learned counsels for the parties, 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 the learned Chief Judicial Magistrate, Vaishali at Hajipur in Bhagwanpur P.S. Case No.200 of 2013.

The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of the bail bonds of the petitioner. The petitioner shall cooperate in the trial and appear before the Court on each and every date fixed in the case. Failure to do so on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

(Ahsanuddin Amanullah, J) Pawan/-

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