Abhimanyu Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4305 of 2020 Arising Out of PS. Case No.-215 Year-2019 Thana- PANCHRUKHI District- Siwan ====================================================== Abhimanyu Tiwari, Son of Brij Kishore Tiwari, Resident of Village - Papaur, P.S.- Pachrukhi (Saray), District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Advocate.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Pachrukhi (Sarai) P.S. Case No. 215 of 2019, registered under Sections 302, 307 and 324/34 of the Indian Penal Code. The accusation is that informant, Sakaldeo Bharti, along with his son, Shyam Bharti was present at his door in the morning of 17.08.2019. At that time, three persons boarding on motorcycle came there and started to talk with his son, Shayam Bharti but all of sudden, he heard the sound of firing then he came out from his house and saw that after making firing at his son, all started to flee away. Thereafter, while his son was rushed to Sadar Hospital, Siwan, but he was declared dead and

Patna High Court CR. MISC. No.4305 of 2020(2) dt.23-01-2020 2/2 injured Rajan Giri was rushed to P.M.C.H. Patna for treatment. Learned counsel for the petitioner submits that petitioner is not named in the FIR but in course of investigation, one Shashikant Giri was apprehended, who confessed his guilt having hand in the present case and also disclosing the name of petitioner and one Mohan Tiwary and co-accused, Shashikant Giri, has already been granted privilege of bail by a Bench of this Court vide order dated 25.10.2019 passed in Criminal Misc. No. 65054 of 2019. It is further submitted that petitioner has no criminal antecedent and is in custody since 07.12.2019. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.

10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, in connection with Pachrukhi (Sarai) P.S. Case No. 215 of 2019. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T