Amrendra Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35403 of 2015 Arising Out of PS.Case No. -175 Year- 2014 Thana -MEERGANJ District- GOPALGANJ ====================================================== Amrendra Tiwari S/o Late Shivjee Tiwari, Resident of village- Madhav Matihani, P.S.- Mirganj, District- Gopalganj .... .... Petitioner

Versus

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

For the Petitioner :

Mr. Javed Aslam, Advocate For the Opposite Party : Mrs. Sangita Sharma, APP ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 26-08-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Amrendra Tiwari, in connection with Mirganj Police Station Case No. 175 of 2014, under Sections 304B/201 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Javed Aslam, learned Counsel for the petitioner, and Mrs. Sangita Sharma, learned Additional Public Prosecutor, appearing on behalf of the State. It is submitted, on behalf of the accusedpetitioner, that some of the co-accused has already been granted bail.

In view of the fact that the accused above-named has been in custody since 18.12.2014 in connection with the case aforementioned and though charge sheet has been

Patna High Court Cr.Misc. No.35403 of 2015 (2) dt.26-08-2015 2/2 submitted, trial has not yet commenced and perusal of the materials available on record does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Chief Judicial Magistrate, Siwan, in connection with Mirganj Police Station Case No. 175 of 2014.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed. In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) Pawan/- U T