Patna High CourtCR. MISC./43854/2015bail granted

Kamalnath Tiwari @ Bara Tiwari v. The State Of Bihar

2015-10-07Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43854 of 2015 Arising Out of PS.Case No. -438 Year- 2013 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Kamalnath Tiwari @ Bara Tiwari Son of Krishna Tiwari, resident of village - Akhwan Jamuniya, Police Station - Shikarpur, District - West Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Parmatma Singh, Advocate For the Opposite Party : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 07-10-2015 Petitioner is in custody since April, 2014 and his prayer for bail was earlier rejected on 3.3.2015 with an observation at this stage.

He submits that initially in the FIR, the informant stated that all the accused persons assaulted his brother with rod and lathi. However, in his statement made before Shikarpur police he stated that the petitioner assaulted his brother with rod on his head, thereafter other accused persons assaulted other family members. Petitioner further submits that there is a counter case filed by his father, namely, Shikarpur Police station Case No. 434 of 2013 dated 25.12.2000. As per FIR of this case, three persons including the petitioner too sustained injuries.

As there are two versions of the incident so far as

Patna High Court Cr.Misc. No.43854 of 2015 (3) dt.07-10-2015 2/2 assault part is concerned and also taking into consideration that petitioner has remained in custody for over one and a half year and has also sustained injuries, he (Kamalnath Tiwari @ Bara Tiwari) is directed to be released on bail on furnishing bail bond of Rs.5000/- with two sureties of the like amount each to the satisfaction of Sri Jitesh Kumar, JM, 1st Class, West Champaran, Bettiah in Shikarpur Police station Case No. 438 of 2013 with the condition that he would not be physically absent for two consecutive dates at a stretch, failing which his bail bond may be cancelled. One of the bailors of the petitioner would be a Class III Government employee.

Shashi.

(Samarendra Pratap Singh, J) U