Radhe Shyam Tiwari @ Radhe Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31218 of 2018 Arising Out of PS. Case No.-140 Year-2017 Thana- SIDHWARA District- Darbhanga ====================================================== Radhe Shyam Tiwari @ Radhe Tiwari, Son of Late Raj Paltan Tiwari, resident of Village- Ukhara, Police Station- Nanpur, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh For the Opposite Party/s :

Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-06-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Singhwara P.S. Case No. 140 of 2017 dated 03.08.2017 instituted for the offences under Sections 302, 201 of the Indian Penal Code. A dead body was found abandoned on road. On such information having been received by the local police, this case was registered. During the course of investigation it came to light that the deceased had a brother viz. Ravindra Mishra, who was the nominee in all the documents/investments of the deceased.

The only beneficiary with the death of the deceased could be aforesaid Ravindra Mishra and nobody else.

Patna High Court Cr.Misc. No.31218 of 2018(3) dt.28-06-2018 2/2 The petitioner happens to be distantly related to the deceased. Though during the course of investigation, some of the witnesses have stated that the deceased was murdered out of a conspiracy by the petitioner and others but no concrete evidence could be collected. Nobody has seen the occurrence. The implication of the petitioner in the present case is, thus, only based on suspicion and on the fact that the petitioner is distantly related to the deceased.

Considering the aforesaid fact, the petitioner above named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Singhwara P.S. Case No. 140 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T