Mantu Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73411 of 2019 Arising Out of PS. Case No.-307 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== MANTU TIWARY Son of Late Rambhog Tiwary Resident of VillageNarawn, P.S-Bhabua, District-Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2019 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 302/34 of the Indian Penal Code and 25(1-b)a, 26, 35 and 27 of the Arms Act.

The prosecution case in short is that the husband of the informant was murdered by the unknown accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.6.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confession of co-accused. Except for suspicion, there is no

Patna High Court CR. MISC. No.73411 of 2019(2) dt.19-11-2019 2/2 other substantive evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest his participation 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 A.C.J.M. Kaimur at Bhabua in connection with Bhabua P.S. Case No. 307/2019.

(Sudhir Singh, J) Pankaj/- U T