Deepu Kumar @ Hare Ram @ Hareram Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16543 of 2017 Arising Out of PS.Case No. -331 Year- 2016 Thana -NAUBATPUR District- PATNA ======================================================

1. Deepu Kumar @ Hare Ram @ Hareram Tiwari Son of Ratnesh Tiwari resident of Village - Amarpura, P.S. - Naubatpur, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Ram Anurag Singh For the Informant : Mr. Dhananjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2017 The petitioner is in custody since 22.11.2016 in connection with Naubatpur P.S. Case No. 331 of 2016, registered for offences punishable under Sections 302/34 of Indian Penal Code and Section 27 of Arms Act.

As per F.I.R, allegation against the petitioner that he was driving the motorcycle on which other two persons after firing on the deceased fled away.

It has been submitted on behalf of the petitioner that specific allegation of firing against other co-accused persons, namely, Satish Kumar @ Lala and Nandan Mahto and against this petitioner only allegation that he was driving the motorcycle. Further other co-accused against whom it is alleged that he had provided the pistol to the above stated persons, have already been

enlarged on bail by this court vide order dated 20.02.2017 passed in Criminal Miscellaneous No. 1030 of 2017 and petitioner has been in custody since 22.11.2016 Heard learned A.P.P. and learned counsel for the informant. They have opposed the prayer for bail. Learned counsel for the informant has submitted that other injured person of this case during course of investigation has stated that petitioner was also one of the assailants in this case.

Having heard both sides, considering the facts and circumstances of the case, nature of allegation and the period of custody and also other co-accused of this case has already been granted bail, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Danapur, in connection with Naubatpur P.S. Case No. 331 of 2016, subject to following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or

tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T