Vishal Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27178 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -ITADHI District- BUXAR ====================================================== Vishal Tiwary, Son of Late Chandra Bhushan Tiwari, Resident of village - Pandey Patti, Police Station- Buxar ( M ), District - Buxar. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar Roy, Advocate For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Section 302/34 of the Indian Penal Code.
Petitioner is not named in the first information report but in course of investigation, F.I.R. named accused Aman confessed his guilt and disclosed the name of the petitioner. It is admitted position that at the time of alleged occurrence, petitioner had been lodged in jail in connection with another case. The impugned order as well as case diary go to show that in course of investigation, the I.O. collected some materials and came to conclusion that petitioner was the main conspirator of the alleged occurrence.
Patna High Court Cr.Misc. No.27178 of 2016 (3) dt.01-09-2016 2/2 Submission on behalf of the petitioner is that the brother of the petitioner had lodged complaint case against police officials and in retaliation to the lodgment of the aforesaid complaint case, police implicated the petitioner not only in the present case but also in several other cases and in most of the cases, petitioner has already been granted privilege of bail by this Court.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner above named 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 C.J.M., Buxar in connection with Itarhi P.S. Case No.20 of 2016.
(Hemant Kumar Srivastava, J) N.H./- U T