Rahul Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31005 of 2016 Arising Out of PS.Case No. -113 Year- 2016 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Rahul Tiwari Son of Kanhaiya Prasad Tiwari Resident of Charghat Chanaur, P.S Bihiya, district Patna,.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pritish Kumar Lal For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-364, 302/34 of the Indian Penal Code. Petitioner is not named in the first information report and the present case was lodged by brother-in-law of the deceased against co-accused Diwakar Singh and Radhe Sarkar @ Monu. The informant claims that when he reached at the hospital having got information regarding injury of deceased of the present case, the deceased disclosed the name of FIR named accused persons as well as the manner in which, he was kidnapped and assaulted by FIR named accused persons as well as some unknown persons. In course of investigation, the name of petitioner came in

Patna High Court Cr.Misc. No.31005 of 2016 (2) dt.12-08-2016 2/2 confessional statement of co-accused Diwakar Singh @ Diwakar Kumar and it appears from perusal of the impugned order that except the aforesaid confessional statement of co-accused, Diwakar Singh @ Diwakar Kumar, there is nothing against the petitioner. The petitioner is languishing in jail custody since 2103-2016 and does not have any criminal antecedent. Accordingly, petitioner named above, is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Shastri Nagar P.S. Case No. 113 of 2016 to the satisfaction of Smt. Aditi Singh, learned Judicial Magistrate-Ist Class, Patna. (Hemant Kumar Srivastava, J) A.K.V./- U T