Patna High CourtCR. MISC./6131/2017bail granted

Mohit Tiwary v. The State Of Bihar

2017-02-08Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6131 of 2017 Arising Out of PS.Case No. -16 Year- 2005 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mohit Tiwary, S/o Sri Uday Shankar Tiwary, R/o Village- Singha, P.S.- Mirganj, District- Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar, Adv For the Opposite Party/s : Mr. Smt. Gulnar Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 08-02-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with S.Tr. No. 497A of 2005 arising out of Shikarpur P.S. case No. 16 of 2005 instituted under Section 384 of the Indian Penal Code and Section 3/4 of the Explosives Substances Act.

This is a case of misuse of bail for almost a decade. The petitioner left appearance after getting bail in the year 2005, thereafter the trial of other co-accused persons was separated and on conclusion acquitted. Against this petitioner charge was framed on 23.07.2016 before the trial court but since framing of charge no witness has been examined.

Patna High Court Cr.Misc. No.6131 of 2017 (2) dt.08-02-2017 Considering the aforementioned facts and circumstances, the petitioner, named above is directed to 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 Additional Sessions Judge, 3rd, Bettiah, West Champaran in connection with S.Tr. No. 497A of 2005 arising out of Shikarpur P.S. case No. 16 of 2005 with a condition that one of the bailor should be his father and the petitioner will remain present in course of trial on each and every date and on absence of two consecutive dates his bail bond shall be cancelled by the trial court itself.

(Arun Kumar, J) Ranjan/- U