Patna High Court - Orders
Lamboo Tiwari vs The State Of Bihar on 26 May, 2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15830 of 2014
======================================================
Lamboo Tiwari Son Of Late Ramesh Tiwari Resident Of Village - Amnour
Aguwan Tiwari Tola, P.S.- Amnour, District - Saran
.... .... Petitioner.
Versus
The State Of Bihar
.... .... Opposite Party.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMARJHA
ORAL ORDER
2 26-05-2014Heard both sides.
The petitioner seeks bail in Amnour P.S. Case No. 58 of 2013 registered Sections-302/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is named in the FIR but there is no evidence to show the involvement of the petitioner. The petitioner has falsely been implicated in the case on account of land dispute. There is no eye witness of the occurrence. The co-accused, Ram Dehin Rai has already been enlarged on bail by a bench of this court vide order dated 12-12-2013 passed in Cr. Misc. No. 41486 of 2013. Hence the petitioner be enlarged on bail.
Learned Additional P.P. for the State opposed the prayer for bail.
Perused the record.
Kanti Kunwar alleged that his son was found lying Patna High Court Cr.Misc. No.15830 of 2014 (2) dt.26-05-2014 2/2 dead. The informant named the petitioner along with others on mere suspicion due to account of some land dispute. The dead body of the deceased was found near the house of co-accused, Ram Dehin Rai and the said Ram Dehin Rai has already been enlarged on bail. The entire case rests on circumstantial evidence. Hence I find that the petitioner deserves bail. Accordingly, the same is allowed.
The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs 5,000/ (five thousand) with two sureties of the like amount each in connection with Amnour P.S. Case No. 58 of 2013 to the satisfaction of learned Chief Judicial Magistrate, Saran.
(Prabhat KumarJha, J) A.K.V./-