Patna High CourtCR. MISC./20332/2019bail granted

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

2019-04-11Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20332 of 2019 Arising Out of PS. Case No.-142 Year-2009 Thana- BISFI District- Madhubani ====================================================== VIJAY TIWARI @ VIJAY KUMAR TIWARI Son of Late Birju Tiwari @ Barjug Tiwari, Resident of Village-Manikpur, Police Station-Baruraj, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udai Shankar Singh For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 328, 307, 379, 120(B) and 34 of the Indian Penal Code.

The prosecution case in short is that the accused persons stolen the tractor which the informant was driving. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.1.2019. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. None is said to have been injured in course of occurrence. The petitioner has been made accused due to

Patna High Court CR. MISC. No.20332 of 2019(2) dt.11-04-2019 2/2 mistake of fact. Other co-accused has been granted bail vide order dated 10.1.2011 passed in Cr. Misc. No. 23484 of 2010. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 Chief Judicial Magistrate, Bennipatti in connection with Bisfi P.S. Case No. 142 of 2009.

(Sudhir Singh, J) Pankaj/- U T