Patna High CourtCR. MISC./54749/2016bail granted

Niranjan Tiwari @ Chotu Mian @ Chotu v. The State Of Bihar

2016-12-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54749 of 2016 Arising Out of PS.Case No. -109 Year- 2016 Thana -GAYA KOTWALI District- GAYA ====================================================== NIRANJAN TIWARI @ CHOTU MIAN @ CHOTU, Son of Late Raj Kumar Tiwari, Resident of village - Bankey Gali (Panchayati Akhara), P.S.- Kotwali, District - Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

This is an application for grant of regular bail for offences punishable under Section 395 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner has not been named in the First Information Report. Petitioner's name transpired only on the basis of confessional statement made by the co-accused. It is also submitted that the petitioner has not been put to Test Identification Parade and nothing has been recovered from the possession of the petitioner and he has been in judicial custody since 05.09.2016. It has further been submitted that other co-accused person having similar allegation has already been granted the privilege of bail by this Court vide order, dated 13.12.2016, passed in Criminal

Patna High Court Cr.Misc. No.54749 of 2016 (2) dt.20-12-2016 2/2 Miscellaneous No. 52542 of 2016.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that petitioner's name surfaced in this case only on the basis of confessional statement of co-accused and there is no recovery from the possession of the petitioner and also that other coaccused having similar allegation has been granted the privilege of bail, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000 (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Kotwali P.S. Case No. 109 of 2016.

(Vinod Kumar Sinha, J) sunil/- U T