IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.1138 of 2010
1. UMA TIWARY @ UMASHANKAR TIWARY
2. BABLU TIWARY
3. MRITUNJAY TIWARY
4. JAI TIWARY @ JAI NARAIN TIWARY @ JAG NARAIN TIWARY
5. JITENDRA TIWARY
6. SHIV DAYAL TIWARY
7. PHAGHU YADAV
8. RADHEY SHYAM MALLAH
Versus
STATE OF BIHAR
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02/ 28.09.2010 Heard counsel for the appellants, State and
the informant.
Admit the appeal.
Call for the lower court records.
All eight appellants have been convicted
under Section 302/34 of the IPC. As per the
prosecution case the deceased Navin Tiwary had gone
in the company of appellants for purchasing Parwal
Vira and thereafter he was not seen alive and dead
body was recovered.
Counsel for the appellants submits that
except the evidence of last seen, even that has not been
substantially proved, there is no evidence against these
appellants to connect them with the offence of murder
of Navin Tiwary.
Considering these facts, prayer for bail on
2
behalf of all eight appellants above named is allowed.
During the pendency of this appeal, they are directed to
be released on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of 2nd
Additional Sessions Judge, Buxar in connection with
Sessions Trial No. 78 of 2004/ 233 of 2010.
Realization of fine shall remain stayed.
(Mridula Mishra, J.)
(Dharnidhar Jha, J.)
DKS/