Amit Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3576 of 2019 Arising Out of PS. Case No.-380 Year-2016 Thana- BARAUNI District- Begusarai ====================================================== Amit Tiwari, Male, 25 years, S/o Late Dilip Tiwari, R/o, Vill- Sokhara, P.S. Phulwariya, Dist.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in S.T. No.93/2018 arising out of Barauni (Garahra) P.S. Case No. 380 of 2016 registered for the offence punishable under Sections 324, 341, 307 and 120(b) of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner is to have fired upon the informant due to which she sustained injuries. It has further been alleged that the entire occurrence was conspired by the Karu Mishra.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case due to enmity between the families as they are agnates. Petitioner is in custody since 04.01.2018.

Considering the aforesaid facts and circumstances of

Patna High Court CR. MISC. No.3576 of 2019(5) dt.27-02-2019 2/2 the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Addl. Sessions JudgeV, Begusarai in connection with S.Tr. No.93/2018 arising out of Barauni (Garahra) P.S. Case No. 380 of 2016, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T