Banti Tiwary @ Indra Kant Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57225 of 2015 Arising Out of PS.Case No. -266 Year- 2015 Thana -BUXAR MUFFSIL District- BUXAR ====================================================== Banti Tiwary @ Indra Kant Tiwary son of Kamla Kant Tiwary, R/o Ambedkar Chouk Buxar, P.S. Buxar (T) Dist. Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Kamal Deo Sharma For the Opposite Party/s : Mr. Akbar Ali(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 23-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Buxar (Muffasil) P.S. Case No. 266 of 2015 registered for offences under sections 399, 402 of the Indian Penal Code and 25(1-b)a/26/35 of the Arms Act.

In the first information report, allegation has been made that the accused persons were preparing a heinous crime, but they were intercepted and the petitioner and his friend were arrested along with motor cycle and one country made pistol. The petitioner carries five criminal cases over his head.

The counsel for the petitioner submits that all the

Patna High Court Cr.Misc. No.57225 of 2015 (3) dt.23-02-2016 2/2 cases have been lodged when the petitioner and his cousin lodged the complaint against the Police.

Looking to the facts and circumstances of the case, let the petitioner, above, be released on bail in or after 1st week of April, 2016 on his furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (M) P.S. Case No. 266 of 2015, subject to the condition that (i) except father, one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U T