Patna High CourtCR. MISC./57760/2018bail granted

Chotu Tiwary v. The State Of Bihar

2018-09-20Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.57760 of 2018 (2) dt.20-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57760 of 2018 ======================================================

1. Chotu Tiwary S/o Sri Ashok Tiwary, resident of Village- Kkchari, P.S. (Rasalpur) Kahalgaon, District Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hemant Kumar For the Opposite Party/s : Mr. Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 03.02.2018 in connection with Kahalgaon (Rasalpur) P.S. Case No. 557/2017 registered for the offences punishable under Sections 147/148/149/ 447/342/302 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the entire allegation is false and frivolous and the petitioner has been named in the First Information Report, but no specific act has been attributed to the present petitioner. It is further submitted that at best, the petitioner can be treated to be a member of the crowd and there is no evidence that he is involved in the present case. It is next submitted that the petitioner is a man of clean past and may

Patna High Court Cr.Misc. No.57760 of 2018 (2) dt.20-09-2018 be extended the privilege of bail as he is willing to abide by the terms and conditions imposed by this Court. It is also submitted that similarly situated co-accused Pramod Mandal has since been granted bail by this Court vide order dated 30.07.2018 passed in Cr. Misc. No. 28486 of 2018 (Annexure-2).

In view of the aforementioned facts and circumstances, 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 the learned 7th Addl. Sessions Judge, Bhagalpur, in connection with Kahalgaon (Rasalpur) P.S. Case No. 557/2017.

(Anjana Mishra, J) Saif/- U T