Patna High CourtCR. MISC./50941/2017bail granted

Baban Tiwari @ Baban Trivedi v. The State Of Bihar

2017-11-09Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50941 of 2017 Arising Out of PS. Case No.-39 Year-2017 Thana- BARABAR TOURIST District- Jehanabad ====================================================== Baban Tiwari @ Baban Trivedi, Son of Brajendra Nath Tiwari, resident of Village- Dharaut, P.S. Barawar Tourist (Bishunganj), District- Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Mahtab Ahmad For the Opposite Party/s :

Mr. SRI PREM KUMAR JHA ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and the State. The petitioner is languishing in custody since 16.07.2017 in connection with Barabar Tourist (Bishun Ganj O.P.) P.S. case no. 39 of 2017, registered under Sections 414,379 and 511/34 of the I.P.C and Sections 25(1-b)a, 26/35 of the Arms Act.

The two accused(s) (not the petitioner) was arrested riding a motorcycle and possessing fire arm/ammunition. On their statement, the petitioner was apprehended. A motorcycle parked outside the house was also seized. The prosecution case is that it was stolen motorcycle.

Learned counsel submits that there is nothing on record to show that the said motorcycle was in the conscious possession of the petitioner and that it was looted or stolen. Petitioner is a

Patna High Court Cr.Misc. No.50941 of 2017(2) dt.09-11-2017 2/2 student having no criminal antecedents.

In view of the above, this Court is inclined to release the petitioner on bail. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Jehanabad /concerned Court, in connection with Barabar Tourist (Bishun Ganj O.P.) P.S. Case No. 39 of 2017, subject to the condition that one of the bailors shall be either his father or bother.

(Kishore Kumar Mandal, J) shyambihari/- U T