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Patna High CourtCR. MISC./47211/2019bail granted

Ajay Kumar Tiwari @ Ajay Tiwari v. The State Of Bihar

2019-09-13Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47211 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Ajay Kumar Tiwari @ Ajay Tiwari, son of Jagbali Tiwari, R/O Nihalpur, P.S. Sikaroul, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Buxar (Ind.) P.S. Case No. 98 of 2019 registered under Sections 302, 201 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that on 15.06.2019 at about 2.30 P.M., Himanshu Pandey, son of the informant, moved from the house boarding on motorcycle saying that Aman Tiwary has called him. At 6 A.M., when the informant talked to his son, who replied that he will come very soon but he did not return. On the next morning, informant came to know that a dead body is lying near the bank of river Ganga then informant went there

Patna High Court CR. MISC. No.47211 of 2019(4) dt.13-09-2019 2/3 and saw the dead body of his son, Himanshu Pandey. The cause of occurrence is that before two months, daughter of petitioner, Ajay Tiwary, left her house due to love affairs with Himanshu Pandey, elder son of the informant, Vindyachayal Pandey due to that reason, informant raised suspicion against the petitioner and his two sons along with three unknown to commit murder of his son.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case mere on suspicion and in case diary, which is up to paragraph 147, no any tangible mater has been collected by the Investigating Officer showing the involvement of the petitioner in the present case. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar, in connection with Buxar (Ind.) P.S. Case No. 98 of 2019, subject to the condition as laid down under

Patna High Court CR. MISC. No.47211 of 2019(4) dt.13-09-2019 3/3 Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T