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Patna High CourtCR. MISC./41955/2018allowed

Murlidhar Tiwary v. The State Of Bihar

2018-07-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41955 of 2018 Arising Out of PS.Case No. -94 Year- 2016 Thana -NATWAR District- SASARAM (ROHTAS) ======================================================

1. Murlidhar Tiwary S/o Jagdish Tiwary, R/o Vill.- Rajpur, P.S.- Natwar in the District of Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Om Prakash, Advocate For the Opposite Party/s : Mr.Narsingh Tanti, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Natwar P.S. Case No. 94 of 2016, registered for offences punishable under Sections 25 (1-b)a of the Arms Act. As per F.I.R., allegation is of recovery of one country made pistol from co-accused, Raju Kharwar and the name of the petitioner only transpires on the confessional statement of the coaccused. Submission of the learned counsel for the petitioner is that nothing has been recovered from the conscious possession of the petitioner and allegation alleged in the F.I.R. is false and fabricated. It is further submitted that the petitioner has been made accused in one another case, besides, the present one, in which he

Patna High Court Cr.Misc. No.41955 of 2018 (4) dt.31-07-2018 2/2 is on bail.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrenders be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class, Bikramganj, Rohtas in connection with Natwar P.S.Case No. 94 of 2016, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court (Vinod Kumar Sinha, J) Sudha/- U T