Patna High CourtCR. MISC./16692/2016bail granted

Mithilesh Tiwari v. The State Of Bihar

2016-05-23Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.16692 of 2016 (3) dt.23-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16692 of 2016 Arising Out of PS.Case No. -754 Year- 2014 Thana -SITAMARHI District- SITAMARHI ====================================================== Mithilesh Tiwari son of Late Balram Tiwari, Resident of VillageBangalipatti, P.S.- Baniapur, District- Chhapra (Saran). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashhar Mustafa, Advocate For the Opposite Party : Mr. Dr. Kr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is in custody since 05.02.2016 in connection with Sitamarhi P.S.Case No.754 of 2014 registered for the offence under Section 302 of the Indian Penal Code. As per the prosecution case, the informant alleged therein that while the informant had gone to Gudari Bazar and reached near Ring town, some persons disclosed that some smell was coming from a house west to Ring Town, the informant reached there and informed Sitamarhi police by mobile whereupon the police party arrived there and with the help of local people, the main door of the house was opened and found that Randhir Kumar Singh was died before two or three days.

Patna High Court Cr.Misc. No.16692 of 2016 (3) dt.23-05-2016 It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.02.2016. Petitioner has got no criminal antecedent. Chargesheet has been submitted in the case. Petitioner is not named in the FIR. Merely on the basis of the confessional statement of a co-accused, petitioner has been made accused. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to support the prosecution case.

On behalf of the State, it has been submitted that the petitioner is not named in the FIR Considering the aforesaid facts and circumstances, 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 CJM, Sitamarhi in connection with Sitamarhi P.S.Case No.754 of 2014.

(Sudhir Singh, J) B.Kr./- U T