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Patna High CourtCR. MISC./2755/2016bail granted

Chandan Tiwary v. The State Of Bihar

2016-04-12Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2755 of 2016 Arising Out of PS.Case No. -104 Year- 2014 Thana -SIDHWALIA District- GOPALGANJ ======================================================

1. Chandan Tiwary son of Upendra Tiwary, resident of village- Dangsi, P.S. Sidhwaliya, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjya Kumar Chaubey For the Opposite Party/s : Mr. Chandra Bhushan Prasad(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Sidhwaliya P.S. Case No. 104 of 2014 registered under Sections 147, 149, 337, 504, 427, 109 and 353 of the Indian Penal Code.

It has been contended by the learned counsel for the petitioner that the co-accused Jai Narayan Manjhi, Vikki Ojha @ Mohan Kumar Ojha, Bipin Kumar Pandit @ Bipin Pandit, Akash Sah @ Akash Kumar Sah and Bachcha Singh having identical allegation to that of the petitioner have already been granted bail in exercise of power conferred under Section 438 of the Code of Criminal Procedure by different Benches of this Court. In support

Patna High Court Cr.Misc. No.2755 of 2016 (2) dt.12-04-2016 2/2 of his submission, he has produced web copies of the orders for perusal.

Learned counsel for the State concedes that the case of the petitioner stands on identical footing to that of the coaccused who have been granted pre-arrest bail by different orders passed by different Benches of this Court.

Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within six weeks from today, the petitioner Chandan Tiwary is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Sidhwaliya P.S. Case No. 104 of 2014, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/- U T