Patna High CourtCR. MISC./57981/2018bail granted

Krishna Bihari Tiwari @ Bihari Tiwary v. The State Of Bihar

2018-10-31Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57981 of 2018 Arising Out of PS. Case No.-84 Year-2017 Thana- TARARI District- Bhojpur ====================================================== Krishna Bihari Tiwari @ Bihari Tiwary son of Late Awadhesh Tiwary, Resident of Village- Karath, Police Station- Tarari, District- Bhojpur, Ara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parijat Saurav For the Opposite Party/s :

Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-10-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the Informant. Earlier bail petition of the petitioner was rejected vide order dated 16.04.2018 passed in Criminal Miscellaneous No. 14752 of 2018, with a liberty to the petitioner to renew his prayer for bail after completing nine months of custody in jail. Petitioner seeks bail in Sessions Trial No. 235 of 2018 arising out of Tarari P.S. Case No. 84 of 2017 registered for the offence punishable under Sections 307/34 of the Indian Penal Code and 25(1-b)a, 26 and 27 of the Arms Act Allegation against the petitioner is of recovery of one D.B.B.L gun, one country made pistol and 19 live cartridges. Learned counsel for the Informant vehemently opposes the prayer for bail.

Patna High Court Cr.Misc. No.57981 of 2018(3) dt.31-10-2018 2/2 Considering the aforesaid facts and circumstances of the case and the fact that the petitioner has remained in custody for nine months, let he be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Bhojpur, Ara, in connection with Sessions Trial No. 235 of 2018 arising out of Tarari P.S. Case No. 84 of 2017, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U