Kundan Tiwari @ Kundan Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54273 of 2021 Arising Out of PS. Case No.-120 Year-2020 Thana- BANGARA District- Samastipur ====================================================== Kundan Tiwari @ Kundan Tiwary S/O Surendra Tiwari R/O Village-Hari Shankerpur, Baghauni, P.S-Tajpur, District- Samastipur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Amrit Abhijat, Advocate Mr.Pramod Kumar Singh, Advocate For the Opposite Party/s :
Mr.Umesh Lal Verma, APP For the informant :
Mr. Dilip Kumar Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-04-2022 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner is in judicial custody in Bangra P.S. Case No. 120 of 2020 under Sections 147, 149, 307, 323, 324, 341, 354, 379, 504, 506 and 302 of the Indian Penal Code. As per prosecution case, the informant's daughter had gone to sell clothes at Sirsiya where she was assaulted by the accused persons and the clothes were snatched. It has further been alleged that on the fateful day, a Panchayat was held but Sanjay Tiwary and Bhuteli Tiwary came to assault her and it is alleged that while the petitioner herein caught right hand accused Bhuteli Tiwary caught his left hand and Sanjay Tiwary attacked with knife in the stomach. When
Patna High Court CR. MISC. No.54273 of 2021(2) dt.11-04-2022 2/3 Sagar Tiwary, son of the informant tried to save him, it is alleged that Sahil Tiwary gave knife blow on his 'Panjara', and further hit on the chest with knife and snatched gold chain. The informant subsequently died.
Learned counsel for the petitioner submits that the petitioner has not given knife blow to the informant and he was merely holding his hand and it is the accused Sanjay Tiwary who actually gave fatal blow. He further submits that another co-accused Bhuteli Tiwary having similar charge of holding left hand of the informant has since been enlarged on bail vide Cr. Misc. No. 45125 of 2021 on 22.2.2022. He as such submits that he also be extended the said benefit.
The order sheet of Cr. Misc. No. 45125 of 2021relating to Bhuteli Tiwary disposed of on 22.2.2022 be kept on record.
Learned counsel for the informant as well as the State concedes the contention of the learned counsel for the petitioner that allegation against him is similar to that of the accused Bhuteli Tiwary who has since been enlarged on bail. Learned counsel for the petitioner submits that charge-sheet has already been completed in the matter and as such there is no question of tampering with the evidence.
Patna High Court CR. MISC. No.54273 of 2021(2) dt.11-04-2022 3/3 In the aforesaid circumstances, let the petitioner be released on bail on furnishing bail bond of Rs. 25000/- (Twenty five thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-IV, Samastipur, in connection with Bangra P.S. Case No. 120 of 2020 subject to the following conditions:- (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself.
With the aforesaid observation, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T