Pintu Tiwari v. The State Of Bihar

Patna High Court Cr.Misc. No.7562 of 2017 (3) dt.20-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7562 of 2017 Arising Out of PS.Case No. -122 Year- 2015 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Pintu Tiwari son of Ashok Tiwari Resident of Village - Rashidpur, P.S. and District - Sheohar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Dr. Amrendra Kumar, Adv. : Mr. Md. Anisur Rahman, Adv.

For the Opposite Party/s : Mr. Abhishek Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-04-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 19.10.2016 in connection with Chiraiya P.S. Case No. 122 of 2015 registered under Sections 307/34 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. and merely on the basis of confessional statement of the co-accused, Biswajit Kumar @ Bittu Tiwari, name of this petitioner has surfaced in this case. Nothing has been recovered from the conscious possession of the petitioner nor the petitioner has been put on T.I.P. as yet. The petitioner is rotting in

Patna High Court Cr.Misc. No.7562 of 2017 (3) dt.20-04-2017 custody for the last five months. Moreover, co-accused, Bashisht Narayan Tiwary, Surendra Kumar Thakur and Gautam Choudhary @ Sonu Kumar, having more or less similar allegations, have already been granted bail by co-ordinate Benches of this Court in Cr. Misc. No. 10507 of 2017, Cr. Misc. No. 6882 of 2017 and 10954 of 2017, respectively.

Considering the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M, Sikrahna at Dhaka, East Champaran in connection with Chiraiya P.S. Case No. 122 of 2015.

(Arvind Srivastava, J) brajesh/- U T