Chunmun Tiwari @ Dinesh Tiwari @ Chhotanki Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21943 of 2018 Arising Out of PS. Case No.-235 Year-2012 Thana- MUFFASIL District- West Champaran ====================================================== Chunmun Tiwari @ Dinesh Tiwari @ Chhotanki Tiwari, Son of Late Nagendra Tiwari, Resident of Village-Karnameya, Police Station-Bettiah Muffasil, District-west Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Milind Kumar Mishra For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-05-2018 At the outset, the learned counsel for the petitioner seeks permission to make certain correction in the prayer portion.

Let the same be done during the course of the day. Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bettiah Muffasil P.S. Case No. 235 of 2012, registered for the offence punishable under Sections 307, 379, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is regarding unknown accused persons having fired on the informant and thereafter, the said two accused persons left the motorcycle at the spot and ran

Patna High Court Cr.Misc. No.21943 of 2018(3) dt.30-05-2018 2/2 away.

The learned counsel for the petitioner submits that the petitioner is a non F.I.R. named accused person and his name has transpired during the course of investigation upon confessional statement made by one co-accused, namely, Satish Singh. It is stated that the motorcycle recovered from the place of occurrence does not belong to the petitioner and barring one case, he is having a fair antecedent and in the said case, he is on bail. It is further submitted that the petitioner is languishing in custody since 23.01.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No. 235 of 2012.

(Mohit Kumar Shah, J) ajay gupta/- U T