Pintu Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29644 of 2016 Arising Out of PS.Case No. -270 Year- 2015 Thana -BAHERI District- DARBHANGA ====================================================== Pintu Tiwari, Son of Ashok Tiwari, Resident of Village- Rashidpur, P.S. and District- Sheohar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anisur Rahman, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302, 386, 387, 120(B)/34 of the I.P.C. and Section 27 of the Arms Act.

The prosecution story, in brief, is that on the alleged date and time of occurrence the uncle of the informant and Brajesh Kumar, engineer of C.N.C. company were present in the office of Project and at Shiv Ram Chowk were performing the work of road, at that time four unknown persons came and fired on his uncle Umesh Kumar and friend Brajesh Kumar and fled away by the motorcycle. Then the staff of the C.N.C. company carried the injured to D.M.C.H. but they died in the way. It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.29644 of 2016 (3) dt.06-09-2016 2/2 the petitioner is in custody since 10.4.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner has come on the confessional statement of co-accused. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Jduge, Darbhanga in connection with S.T. No.146 of 2016 arising out of Baheri P.S. case No.270 of 2015. (Sudhir Singh, J) Narendra/- U T