Shyam Tiwari v. The State Of Bihar

Patna High Court Cr.Misc. No.55180 of 2017 (2) dt.20-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55180 of 2017 Arising Out of PS.Case No. -364 Year- 2017 Thana -MARHAURA District- SARAN ======================================================

1. Shyam Tiwari son of Sudama Tiwari Resident of Village - Bhawalpur, P.S. - Marahaura, District - Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2017 The petitioner seeks regular bail in connection with Marhaura P.S. Case No. 364 of 2017, registered for offences punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner and other accused person is of taking away the brother of the infomrant with themselves and one Firoz Rai fired on him causing his death. It has been submitted on behalf of the petitioner that only general and omnibus allegation has been levelled against the petitioner and no specific allegation has been made rather specific allegation of firing has been levelled against one Firoz Rai. It has also been submitted that petitioner has been made accused in this case due to enmity. Further he has been in judicial custody since 30.08.2017.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.55180 of 2017 (2) dt.20-11-2017 Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Saran at Chapra, in connection with Marhaura P.S. Case No. 364 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T