Patna High CourtCR. MISC./33105/2018allowed

Bindeshwari Tiwari v. The State Of Bihar

2018-06-07Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33105 of 2018 Arising Out of PS. Case No.-412 Year-2018 Thana- SASARAM NAGAR District- Rohtas ====================================================== Bindeshwari Tiwari son of Late Krishna Tiwari alias Late Krishna Mohan Tiwari, Resident of Village Lok Dihari, Police Station- Sasaram (M), DistrictRohtas. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Singh For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-06-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is in custody in connection with Sasaram Town P.S. Case No. 412 of 2018 for the offence under sections 395, 397 and 397 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the case was registered against unknown and the name of the petitioner has been surfaced on the confessional statement of the co-accused. The petitioner has no criminal antecedent. He further submits that in a case against unknown obligation of the prosecution is to put the petitioner on TIP for the purpose of his identification and involvement in the crime. But in the instant case he was not put on TIP. Considering the fact that the petitioner has no criminal antecedent, he was not named in the

Patna High Court Cr.Misc. No.33105 of 2018(2) dt.07-06-2018 2/2 FIR, not put on TIP and his name surfaced on the basis of confessional statement, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Town) P.S. Case No. 412 of 2018. (Anil Kumar Upadhyay, J) Ravi/- U T