Binay Tiwari vs The State of Jharkhand

Narendra Nath Tiwari, J.—The Petitioner is an accused in the case registered under Sections 379/411 I.P.C.

Learned Counsel for the Petitioner submitted that the Petitioner has been falsely implicated in this case; there is general and omnibus allegation against the Petitioner of removing Rs. 30,000/- and fleeing away on Bolero; the said allegation is against five persons; co-accused Dharmendra Tiwari with almost similar allegation has been granted bail by this Court in B.A. No. 9779/2010; the Petitioner is in custody since September 2010.

Learned A.P.P opposed the Petitioner�s prayer for bail and submitted that the Petitioner is a resident of Aurangabad (Bihar) and there is likelihood of his absconding, if he is released on bail.

Considering the facts and circumstances of the case, the above named Petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs. 10,000/-(Ten thousand only) with two sureties of the like amount each to the satisfaction of Sri V.K. Srivastava, J.M. Hazaribagh in connection with Chouparan P.S. Case No. 95/10, corresponding to G.R. No. 2868/10 (T.R. No. 1366/10), subject to the conditions that the bailers must be the local permanent residents of the place within the territorial jurisdiction of the Court below and that the Petitioner shall physically appear in the Court below on all the dates as and when his personal appearance is required in the case.