IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35746 of 2011
1. Shyam Bihari Tiwari, S/o - late Girjanand Tiwari
2. Biju Tiwari @ Bindeshwar Tiwary, S/o - Jag Narayan Tiwari
3. Suman Tiwari @ Shyam Narayan Tiwari, S/o - Jagnarayan Tiwari
4. Jag Narain Tiwari, S/o - late brijnandan Tiwari
5. Pappu Tiwari @ Tarkeshwar Tiwary, S/o - jagnarayan Tiwari
6. Sheo Narayan Tiwary, S/o - late Baijnath Tiwari
7. Lallan Tiwari, S/o - late Bishwanath Tiwari
All resident of village - Aathar, P.S. - Nawa Nagar District - Buxar.
---------- Petitioners.
Versus
The State of Bihar --------Opposite Party
*******
02. 25.10.2011 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
All the seven petitioners, apprehending their arrest
in connection with Dumraon P.S. Case No. 131/2007 for
offences under Sections 302/201 of the Indian Penal Code,
have been summoned under Section 319 Cr.P.C. during trial
in sessions trial no. 116/2008. Submission is that earlier a
case bearing Nawa Nagar P.S. Case No. 120/2005 was
instituted against unknown and on apprehension of co-
accused in his extra judicial confession petitioners name
emerged, but police only submitted charge-sheet against
apprehended accused exonerated the petitioners.
Considering the facts and circumstances of the
case, in the event of their arrest or surrender within a period
of four weeks, let the above-named petitioners be enlarged
on bail on furnishing bail bond of sum of Rs. 10,000/- (ten
thousand only) each with two sureties of the like amount
each to the satisfaction of A.D.J. F.T.C. – 1ST Buxar, in
connection with Dumraon P.S. Case No. 131/2007, subject
to condition under section 438(2) of the Code of Criminal
Procedure, and additional condition to attend the court
regularly till disposal of the case, in the event of failure on
two consecutive dates, without any reasonable explanation,
the privilege granted shall be deemed to be cancelled.
Rajeev/- ( Akhilesh Chandra, J.)