Patna High CourtCR. MISC./55013/2019bail granted

Abhishek Tiwari v. The State Of Bihar

2019-11-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55013 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- DUMRAO District- Buxar ====================================================== ABHISHEK TIWARI S/o Manoj Shashtri R/o village- Karnpura, P.S.- J.B. Nagar (Tarwara), Distt.- Sivan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 447, 341, 323, 504, 506, 509, 427, 307/34 of the Indian Penal Code and 27 of the Arms Act. The prosecution case in short is that the accused persons came to the show room of the informant and started indiscriminate firing in which his son received injury. It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.4.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Chargesheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on

Patna High Court CR. MISC. No.55013 of 2019(3) dt.16-11-2019 2/2 the basis of confession of co-accused. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Dumraon (Naya Bhojpur O.P.) P.S. Case No. 30/2019. (Sudhir Singh, J) Pankaj/- U T