IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9479 of 2011
NAVIN KUMAR TIWARY @ MANTU TIWARY, S/O-SIDDHNATH TIWARY
Versus
THE STATE OF BIHAR
04 13.07.2011
Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State.
Petitioner is named in the first information report
with allegation that he along with the deceased left the house of
the deceased to attend a Barat but while they were on way
petitioner and other F.I.R. named accused persons mercilessly
assaulted the deceased as a result of which he died then and
there.
The contention of learned counsel for the petitioner
is that petitioner is own mausera brother of the deceased and, as
a matter of fact, while petitioner and the deceased were going
to attend a Barat party, some extremists came there and an
altercation took place between the deceased and the extremists,
who committed the murder of the deceased. It is also pointed
out by him that the deceased was himself a member of MALE
and he was indulged in several criminal activities.
Learned Additional Public Prosecutor points out
that the alleged occurrence took place on 11.06.2003 but the
petitioner could be remanded in this case on 21.09.2010.
Considering the aforesaid facts and circumstances
as well as submissions of the parties, let the petitioner be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
2
Thousand) with two sureties of the like amount each to the
satisfaction of Additional Chief Judicial Magistrate, Danapur in
connection with Sigori P.S. Case No. 15 of 2003.
Shahzad ( Hemant Kumar Srivastava, J.)