IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2159 of 2021

Arising Out of PS. Case No.-552 Year-2019 Thana- KANTI THARMAL POWER District-

Muzaffarpur

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Mukesh Tiwari @ Mukesh Kumar Tiwary @ Mukesh Kumar son of

Krishnadeo Tiwary @ Kishundeo Tiwary Resident of Village- Kushi, P.S.

Kanti, District- Muzaffarpur

... ... Petitioner

Versus

1.

The State of Bihar

2.

The State of Bihar R/O Kushi Ps Kanti Dist Muzaffarpur

... ... Opposite Party

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Appearance :

For the Petitioner/s

:

Mr.Alok Kumar Jha, Advocate

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP

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CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD

ORAL ORDER

2

19-03-2021

Learned counsel for the petitioner undertakes to

remove all the defects as pointed out by office within four

weeks after start of normal functioning of the Court.

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail

in connection with Kanti P.S. Case No. 552/2019 registered for

the offences punishable under Section 397 of the Indian Penal

Code.

As per the First Information Report, some unknown

miscreants armed with pistol entered into the office of D.T.D.C.

courier company and snatched mobile of the informant and

other customers and also took the bag and key of the almirah

Patna High Court CR. MISC. No.2159 of 2021(2) dt.19-03-2021

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and looted Rs. 26 lakhs cash kept in almirah, and the miscreants

hit on the head of the informant by pistol. It is alleged that apart

from taking cash, they were also taken away 20-25 mobile

phones, DVR of C.C.T.V. camera and one Apache Motorcycle

of the office staff.

Learned counsel for the petitioner submits that

petitioner has been falsely implicated in this case on mere

suspicion. Learned counsel submits that petitioner is not named

in the F.I.R. nor any incriminating articles has been recovered

from his possession. Petitioner is in custody since 27.08.2020.

Learned A.P.P. for the State has opposed the prayer for

regular bail of the petitioner.

Having regard to facts and circumstances of the case,

wherein it is the submission of learned counsel for the petitioner

that from the seizure list it would appear that one TVS Star

Motorcycle has been recovered from the house of he petitioner

but the said motorcycle is in the name of the father-in-law of the

petitioner and in this regard the document of ownership has

been placed at Annexure ‘3’ in the present application, further

submission that the co-accused Raushan Kumar, Nand Kishore

Kumar and Kunal Kumar and Bittu Chaudhary @ Bittu Kumar

Chaudhary have been granted bail by learned coordinate

Patna High Court CR. MISC. No.2159 of 2021(2) dt.19-03-2021

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Benches of this Court in Criminal Miscellaneous Applications

(Annexure ‘4’ series), petitioner has remained in jail in

connection with this case since 27.08.2020 and prior to the

present case he had one case on his head in which he is on bail,

let the petitioner above named be released on bail on furnishing

of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand

only) with two sureties of the like amount each to the

satisfaction of learned S.D.J.M. (West), Muzaffarpur, in

connection with Kanti P.S. Case No. 552/2019, subject to the

condition as laid down under Section 437 (3) Cr.P.C. as under :

(a) that such person shall attend in accordance with

the conditions of the bond executed under this Chapter,

(b) that such person shall not commit an offence

similar to the offence of which he is accused, or suspected, of

the commission of which he is suspected, and

(c) that such person shall not directly or indirectly

make any inducement, threat or promise to any person

acquainted with the facts of the case so as to dissuade him fro