High Court Patna High Court - Orders

Mukesh Kumar Tiwary @ Mukesh … vs The State Of Bihar on 18 August, 2011

Patna High Court – Orders
Mukesh Kumar Tiwary @ Mukesh … vs The State Of Bihar on 18 August, 2011
                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                         Cr.Misc. No.26056 of 2011
                       Mukesh Kumar Tiwary @ Mukesh Tiwary son of Gagan Dev Tiwary
      resident of village Gidhas, P.S.-Sahebganj, District-Muzaffarpur.  ........Petitioner.
                                                      Versus
                      The State of Bihar                                ...Opposite Party.
                                                    -----------

2. 18.08.2011 Heard learned counsel for the petitioner as well as

learned Addl. Public Prosecutor for the State.

Petitioner is in jail custody since 30.09.04 in a case

initially registered under Section 394 of the Indian Penal Code

and later on Section 395 of the Indian Penal Code was also

added.

Petitioner is neither named in F.I.R. nor anything has

been recovered from his conscious possession and it would

appear from the perusal of the impugned order that petitioner

was put on T.I.P. but he was not identified either by the

informant or by any other witnesses.

It appears that the learned 7th Additional Sessions

Judge has rejected the prayer for bail of the petitioner only on

the ground that petitioner has nine criminal cases in his credit

and earlier he had escaped from jail.

Considering the aforesaid facts and circumstances as

well as submissions of the parties, let the petitioner, namely,

Mukesh Kumar Tiwary @ Mukesh Tiwary, be released on bail

on furnishing bail bonds of Rs. 10,000/- (Ten thousand only)

with two sureties of the like amount each to the satisfaction of

S.D.J.M. (West) Muzaffarpur in connection with Sahebganj P.S.
2

Case no. 106/04 and G.R. No.1281/04.

Kamlesh                            (Hemant Kumar Srivastava, J.)