IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.878 of 2009
RAJAN TIWARI
Versus
STATE OF BIHAR THRU.CBI
-----------
For the appellant: Mr. Rana Pratap Singh, Sr. Advocate
Mr. Subodh Kumar Jha, Advocate
Mr. Amrendra Kumar, Advocate
Mr. Jitendra Kr Pandey, Advocate
For the C.B.I.: Mr. Bipin Kumar, Advocate
———
9 23-03-2011 Heard learned counsel for the appellant and
learned counsel for the Central Bureau of Investigation.
On behalf of the appellant it has been
submitted that now the appellant has remained in custody
for a total period of 12 years in connection with the
present case. It has further been submitted that prayer of
the appellant for bail was last rejected by this court on
06-05-2010 and this court was misled on that occasion
by submission made on behalf of Central Bureau of
Investigation that the period of custody should not be
counted as claimed by the appellant because in this case
he was granted bail on 28-7-2004 although it does not
matter that he was not released pursuant to that order of
bail.
In this case two persons were killed in the
alleged incident, one was Brij Bihari Prasad who was
2
facing some criminal cases from before and the other
victim was his bodyguard. The allegation against this
appellant is of firing at the bodyguard along with some
others.
Although the period of custody appears to be
12 years but against the order refusing bail passed by this
court on 6-5-2010 the appellant had moved the Apex
Court vide Special Leave to Appeal (Crl) bearing
CRLMP No. 17477/2010 and the same was dismissed as
withdrawn on 25-08-2010. In view of order of the
Supreme Court, we are not inclined to grant bail to the
appellant. The prayer for bail is rejected.
(Shiva Kirti Singh, J.)
BKS/- (Gopal Prasad, J.)