Allowed

Mr Guddu Tiwari v. The State of Bihar

Patna HC7 Dec 2022CR. MISC./41772/2022

Case brief

AI extract

What is this about?

The Single Bench of the Patna High Court granted bail to five petitioners charged under sections 328, 302, 393, and 120(B) IPC in a poisoning case connected to a truck robbery. The court considered the long period of custody, clean antecedents, and lack of evidence against them.

What did the court decide?

Release of petitioners on bail upon furnishing bonds of Rs. 10,000/- with two sureties.

Mr Guddu Tiwari Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41660 of 2022

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Arising Out of PS. Case No.-301 Year-2021 Thana- SIMRI District- Darbhanga

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======================================================

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MANISH PANDEY Son of Sri Dinesh Pandey Resident of Village - Chakand Mohalla Naughar Near Bank of India, P.S.- Chakand Bazar, District - Gaya.

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Vivek Kumar Son of Late Vinay Kumar Resident of Village - Sondhi Saidpur, P.S.- Buniyadgan, District - Gaya.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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======================================================

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with

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CRIMINAL MISCELLANEOUS No. 41772 of 2022

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Arising Out of PS. Case No.-301 Year-2021 Thana- SIMRI District- Darbhanga

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======================================================

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Mr GUDDU TIWARI Son of Sri Mohan Tiwari Resident of Village I Shadipur, P.s.- Buniyadganj, District - Gaya.

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Mr SUNIL PANDEY @ SUNIL NAT Son of Sri Ram Swarup Pandey Resident of Village - Chakand, P.s.- Chakand, District - Gaya.

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Mr RISHU KUMAR Son of Sri Anil Tiwari Resident of Village - Dobhi, P.S.- Dobhi, District - Gaya. At present Residing at Purani Bazar, Sadawpur, P.s - Mahua, District - Vaishali.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== with

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CRIMINAL MISCELLANEOUS No. 44478 of 2022

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Arising Out of PS. Case No.-301 Year-2021 Thana- SIMRI District- Darbhanga

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====================================================== SONU TIWARI S/o Surendra Tiwari R/o village- Sandaul, P.S.- Bihiya, District- Bhojpur

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ====================================================== Appearance :

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Patna High Court CR. MISC. No.41660 of 2022(3) dt.07-12-2022 2/5

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(In CRIMINAL MISCELLAN For the Petitioner/s : : :	EOUS No. 41660 of 2022) Mr.Ajay Kumar Thakur Ms.Vaishnavi Singh Mr.Ritwik Thakur
For the Opposite Party/s :	Mrs.Nirmala Kumari
(In CRIMINAL MISCELLAN	EOUS No. 41772 of 2022)
For the Petitioner/s : :	Mr.Ajay Kumar Thakur Ms.Vaishnavi Singh Mr.Ritwik Thakur
For the Opposite Party/s :	Mrs.Rina Sinha
(In CRIMINAL MISCELLAN	EOUS No. 44478 of 2022)
For the Petitioner/s : : :	Mr.Ajay Kumar Thakur Ms.Vaishnavi Singh Mr.Ritwik Thakur
For the Opposite Party/s : ===================	Mr.Md. Aslam Ansari ===================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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3 07-12-2022

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Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.

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

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The petitioners seek bail in connection with Simri P.S. Case No. 301/2021 registered for the offences punishable under Sections 328, 302, 393, 120 (B) of the Indian Penal Code.

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As per prosecution case, it is alleged that owner of Baba Line Hotel situated at Sakari, Madhubani alongwith his 3- 4 staffs concertedly under conspiracy administered poison mixing in tea and milk to the informant (Khalasi of the truck) and Baljeet Kumar (driver of the truck) with intention to rob the truck as a result of which driver of said Truck namely Baljeet Kumar died and the informant got unconscious.

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Learned counsel for the petitioners submits that

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Patna High Court CR. MISC. No.41660 of 2022(3) dt.07-12-2022 3/5

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petitioners are innocent and have falsely been implicated in this case. The petitioners are languishing in custody since 30.10.2021 and bear no criminal antecedent. During course of investigation the petitioners were apprehended on the basis of suspicion. He further submits that the death occurs due to consumption of alcohol. The occurrence took place on 28.10.2021 but the F.I.R. was lodged on 29.10.2021 after due deliberation. He further submits that the viscera of the deceased was sent to FSL and no poisonous substance was detected save and except ethyl alcohol which is a chief intoxicant ingredient of all alcoholic beverage. The petitioners have not been put on T.I. Parade and their physical appearance do not match with the physical appearance given in the FIR. Though the informant as making claim to identify the present petitioners who allegedly came with the milk powder as well as other substance to the driver (deceased) as well as the informant but till today no identification has been made with regard to present petitioners. Learned counsel for the petitioners specifically submits that the petitioners were not staff of the alleged hotel as mentioned in the FIR, they were bus passengers and apprehended merely on suspicion. Nothing has been found to connect the petitioners with the alleged occurrence. Charge sheet has been submitted in

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Patna High Court CR. MISC. No.41660 of 2022(3) dt.07-12-2022 4/5

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this case and there is no likelihood of tampering with the prosecution evidence.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.

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Considering the facts and circumstances of the case, period of custody which is more than one year, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence and keeping in view clean antecedent of petitioners and also taking into consideration the materials available on record, let the petitioners above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Darbhanga at Lehariasarai in connection with Simri P.S. Case No. 301/2021, subject to following conditions:-

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for

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Patna High Court CR. MISC. No.41660 of 2022(3) dt.07-12-2022 5/5

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cancellation of bail by the learned Trial court itself.

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(iii) If the petitioners tamper with the evidence or the

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witnesses, in that case, the prosecution will be at liberty to move

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for cancellation of bail.

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(Alok Kumar Pandey, J)

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amitkumar/-

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U T

Mr Guddu Tiwari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mr Guddu Tiwari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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