Vikash Tiwary. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30080 of 2016 Arising Out of PS.Case No. -87 Year- 2015 Thana -CHAPRA TOWN District- SARAN ====================================================== Vikash Tiwary, son of Sri Ashok Tiwary, resident of Village: Kolhua, Karanpura, P.S: Marroha, District: Saran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Raghwanand, Advocate For the Opposite Party : Mr. Sri Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-07-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

Petitioner seeks bail in connection with Chapra (Town) P.S. case no. 87/2015 registered for the offence punishable under Sections 363, 364(A) of the Indian Penal Code. Petitioner wants to renew his prayer for bail which was earlier rejected by order dated 09.11.2015 passed in Cr. Misc. no. 31097 of 2015 which was disposed of along with Cr. Misc. no. 32515/2015 and Cr. Misc. no. 41606 of 2015 in the light of observation made therein that the trial has not been concluded within the time given and in near future is not likely to be concluded. However, similarly situated co-accused Satish Kr. Tiwary @ Randhir Tiwary@ Randhar Tiwary has already been

Patna High Court Cr.Misc. No.30080 of 2016 (2) dt.27-07-2016 2/2 allowed bail, no ransom was paid and victim was safely released. The learned A.P.P. opposes the prayer of bail. In the facts and circumstances stated above, considering that in near future, trial is not likely to be concluded and there is no chance of tampering with prosecution evidence, petitioner abovenamed is directed to be released on bail on execution of bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge Xth, Saran at Chapra in connection with Chapra (Town) P.S. case no. 87/2015 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from the privilege of bail.

(Jitendra Mohan Sharma, J.) rinkee/- U T