Lakshman Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33103 of 2014 Arising Out of PS.Case No. -57 Year- 2014 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ======================================================

1. Lakshman Tiwari S/o Late Saryu Tiwari Resident of Village-Bhaishali, P.S.-Bhagwanpur, District-Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opposite Party/s : Mr. Reena Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-01-2015 The petitioner is languishing in custody since 11-6-2014 in a case registered under sections 302, 201 and 34 of the Indian Penal Code.

The prosecution case is that the petitioner informed the informant that the father of the informant died due to drowning. The post mortem report reflects the fracture of two ribs and as per

Patna High Court Cr.Misc. No.33103 of 2014 (3) dt.09-01-2015 2 / 2 the opinion of the doctor, the cause of death is due to haemorrhage and shock.

It is submitted by the learned counsel for the petitioner that only on this basis the accusation has been made. There is no other witness. From the facts of the case it appears that there is no direct evidence collected against the petitioner. This fact has not been controverted.

Statement has been made in paragraph no.3 of the petition that there is no criminal antecedent against the petitioner. Considering the above facts, let the above named petitioner 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 Chief Judicial Magistrate, Bhabua(Kaimur) in connection with Bhagwanpur P.S. Case No. 57/2014.

The learned court below will be at liberty to cancel the bail bonds of the petitioner if he defaults for two consecutive occasions and gets substantially involved in some similar nature of offence.

B.Roy/- (Dinesh Kumar Singh, J) U T