Patna High CourtCR. MISC./62434/2017bail granted

Ram Chandar Tiwari @ Ram Chandra Tiwary And ANR v. The State Of Bihar

2018-01-10Mr. Justice Arun Kumar1 pages

Patna High Court Cr.Misc. No.62434 of 2017 (2) dt.10-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62434 of 2017 Arising Out of PS.Case No. -61 Year- 2011 Thana -SAHIYARA District- SITAMARHI ======================================================

1. Ram Chandar Tiwari @ Ram Chandra Tiwary, Son of Late Ram Bharosh Tiwari.

2. Shyam Chandra Tiwari, Son of Late Ram Bharosh Tiwari. Both are resident of Village & P.S. Sahiyra, District- Sitamarhi..... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-01-2018 Heard learned Counsel for the petitioners and the State. Petitioners, already in custody, seek bail in Sahiyara PS Case No. 61 of 2011 registered under Sections 302/34 of the IPC. The allegation in brief is that the deceased was taken away by the accused persons and next day his dead body was found lying in the field. It is suspected that due to homestead land dispute the petitioners have killed the deceased.

Learned Counsel for the petitioners submits that the police after investigation not finding the case true submitted final form. There is admittedly land dispute between the parties and therefore the petitioners have falsely been implicated by the informant. Petitioners have no criminal antecedent and are in custody since 2.11.2017. The medical report shows that the deceased died due to poisoning.

Having considered the said facts and circumstances, the petitioners, namely, Ram Chandar Tiwari @ Ram Chandra Tiwary and Shyam Chandra Tiwari are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) by each one of them with two sureties of the like amount each to the satisfaction of ACJM IV Sitamarhi in connection with Sahiyara PS Case No. 61 of 2011.

Snkumar/- (Arun Kumar, J.) U