Rajan Tiwary @ Master Saheb v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60900 of 2022 Arising Out of PS. Case No.-205 Year-2018 Thana- BUXAR District- Buxar ====================================================== Rajan Tiwary @ Master Saheb S/O Baliram Tiwary @ Baliram Tripathiy Resident Of Village- Koransarai, P.S.- Koransarai, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajiv Ranjan Kr. Pandey For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of regular bail in connection with Buxar (Town) P.S. Case No. 205 of 2018 registered under sections 147, 148, 149, 307, 427 and 120(B) of the Indian Penal Code and Sections 25(1-b)a, 25(i)A, 26, 27 and 35 of the Arms Act.
Prosecution case in short is that some miscreants armed with weapon started damaging the house and boundary of the Nathuni Yadav and also they opened fire.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. It is further submitted that the name of the petitioner came into light
Patna High Court CR. MISC. No.60900 of 2022(2) dt.20-02-2023 2/2 in this case on the basis of confessional statement of other coaccused person, namely, Ravikant Upadhyay who was apprehended on the spot. As per submission made by learned counsel for the petitioner, the petitioner has been remanded in this case from another case. Nothing incriminating has been recovered from the conscious possession of the petitioner. He is languishing in judicial custody since 24.08.2022. The application for bail is vehemently opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Buxar (Town) P.S. Case No. 205 of 2018 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Buxar.
(Sunil Kumar Panwar, J) shubham/- U T