Sheochandra Tiwary @ Shivchandra Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27161 of 2018 Arising Out of PS.Case No. -61 Year- 2011 Thana -SAHIYARA District- SITAMARHI ======================================================

1. Sheochandra Tiwary @ Shivchandra Tiwari Son of late Rambharosh Tiwary, R/o Village-Sahiyara, P.S.-Sahiyara, District-Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey. A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

For land dispute, the F.I.R named accused persons including the petitioner took the deceased along with them and on the next day dead body was found lying in the field side. Submission is that after investigation, the police had submitted final form and considering the aforesaid facts a Coordinate Bench of this Court has granted bail to co-accused Ram Chandar Tiwari @ Ram Chandra Tiwary and Shyam Chandra Tiwari vide order dated 10.01.2018 passed in Cr. Misc. No. 62434 of 2017 (Annexure 5).

Patna High Court Cr.Misc. No.27161 of 2018 (2) dt.07-05-2018 2/2 Finding substance in the submission of the learned counsel for the petitioner, especially, the fact that there is no substantial material against the petitioner and he has got no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sahiyara Police Station Case No. 61 of 2011, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/Sanjeev U T