Baban Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51296 of 2014 Arising Out of PS.Case No. -254 Year- 1997 Thana -MASRAKH District- SARAN ======================================================

1. Baban Tiwari S/o Late Chandradip Tiwary Resident of Village Mashrak, P.S. Mashrakh, District Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghwendra Kumar For the Opposite Party/s : Mr. Binod Kumar No.3 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and the State. In this case, petitioner is seeking bail in Mashrak P.S.Case No. 254 of 1997 registered u/s 365, 366, 364 IPC. The matter relates to misuse of privilege of bail. Petitioner did not appear in the court below on 11th September 2011 and thereafter the non-bailable warrant of arrest was issued and petitioner was taken in custody on 29th July 2014 and he is in jail since then.

In the facts and circumstances of the case, petitioner Baban Tiwary is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Addl. Sessions Judge, Chapra, Saran in connection with S.Tr. No. 336 of 2002, arising

Patna High Court Cr.Misc. No.51296 of 2014 (2) dt.03-03-2015 2/2 out of Mashrak P.S.Case No. 254 of 1997, subject to the conditions that:

(i) one of the bailors will son of the petitioner, and (ii) that the petitioner would co-operate in the proceeding and if the petitioner will fail to co-operate in the proceeding of the court and will remain absent for two consecutive dates without reasonable explanation, the court will pass appropriate order, including cancellation of bail bonds.

Jay/- (Shivaji Pandey, J) U