Patna High CourtCR. MISC./1757/2017bail granted

Kundan Kumar Tiwari @ Kundan Tiwari v. The State Of Bihar

2017-01-19Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1757 of 2017 Arising Out of PS.Case No. -406 Year- 2016 Thana -MUFFASIL DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Kundan Kumar Tiwari @ Kundan Tiwari, son of Baleshwar Tiwari, resident of village-Belwa, P.S. Bettiah Mufassil (Banu Chhapar), DistrictWest Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 19-01-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Bettiah (M) Banuchhapar P.S. Case No.406 of 2016 registered under Sections 394/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the name of the petitioner has surfaced in this case in the confessional statement of the co-accused Sandeep Rai only to the effect that the petitioner was conspirator in the commission of the alleged offence. Further submission is that the petitioner is accused in six other cases, as detailed in paragraph-3 to this application, due to that reason, the police managed to implicate the

Patna High Court Cr.Misc. No.1757 of 2017 (2) dt.19-01-2017 2/2 petitioner falsely in the present case. The petitioner is in custody since 19.10.2016 in the present case.

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, Bettiah, West Champaran, in connection with Bettiah (M) Banuchhar P.S. Case No.406 of 2016. Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T