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Patna High CourtCR. MISC./6995/2016dismissed

Chandra Bhushan Tiwari @ Bullet Tiwari v. The State Of Bihar

2016-04-11Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 6995 of 2016 Arising Out of PS.Case No. -112 Year- 1998 Thana -GOVINDGANJ DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chandra Bhushan Tiwari @ Bullet Tiwari Son of Sri Ramadhar Tiwari @ Sadhu Tiwari R/o village Khajuria, P.S. - Malahi, District - East Champaran.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. N.K.Agrawal, Sr.Adv. Mr. Nishant Kumar Jha For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

11-04-2016 Heard Sri N.K.Agrawal, learned senior counsel who was assisted by Sri Nishant Kumar Jha, learned counsel for the petitioner and Sri Madan Kumar, learned Addl. Public Prosecutor. The petitioner, husband of the deceased is in custody in Gobindganj P.S. Case No. 112 of 1998 registered for the offence under Sections 304(B), 201/34 of the Indian Penal Code, has prayed for grant of bail.

Learned counsel for the petitioner submits that at the time of occurrence, the petitioner was residing in Delhi and as such, there was no occasion for petitioner to participate in the occurrence. On aforesaid ground, a prayer has been for grant of bail.

Patna High Court Cr.Misc. No.6995 of 2016 (3) dt.11-04-2016 2/2 However, on perusal of the material on record, it appears that F.I.R. was lodged in 1998, thereafter, chargesheet has been submitted against the petitioner, however; he remained absconder for a long period and after about 15 years, he was arrested.

In view of facts and circumstances, I am not inclined to grant bail.

The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T