Mahendra Tiwari @ Banti Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12956 of 2015 Arising Out of PS.Case No. -164 Year- 2014 Thana -DURGAWATI District- BHABHUA (KAIMUR) ====================================================== Mahendra Tiwari @ Banti Tiwari S/o Bhuwneshwar Tiwari Resident of Village Bahera, P.S. Durgawati, District Kaimur (Bhabua). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. L.K.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 01-04-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 01.09.2014 in a case registered for the offences punishable under Sections 302 and 120B/34 of the Indian Penal Code. It is alleged that on 19.08.2014 the petitioner and others were caught while committing theft of wheat of the informant, thereafter they threatened the informant. On 20.08.2014 the father of the informant went to sleep in his farm house but in the morning his dead body was recovered from a well. On the basis of the aforesaid facts suspicion was raised against the petitioner and others. During investigation the under shirt of co-

Patna High Court Cr.Misc. No.12956 of 2015 (02) dt.01-04-2015 2/2 accused Ramdarash has been recovered from the place of occurrence. It is also found that mobile of co-accused Ramdarash has been used in commission of the offence. The petitioner has been named by the co-accused, who participated in the occurrence. It is submitted by learned counsel for the petitioner that there is no direct evidence collected against the petitioner during investigation and on the basis of suspicion he has been roped in the present case.

A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Considering the aforesaid facts, let the above named 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 learned Additional Sessions Judge-IVth, Kaimur at Bhabua in connection with Sessions Trial No. 457 of 2014 arising out of Durgawati P.S. Case No. 164 of 2014. (Dinesh Kumar Singh, J) DKS/- U T