Mahendra Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1595 of 2025 Arising Out of PS. Case No.-68 Year-2024 Thana- JAMHOR District- Aurangabad ====================================================== Mahendra Tiwary S/O Late Kapil Dev Tiwari Resident of Village - Pauthu, P.S- Jamhore, District- Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Singh, Advocate For the State :
Mr. Mukesh Kumar Singh, APP For the Informant : Mr. Santosh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-04-2025
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Jamhore P.S. Case no.68 of 2024 registered under sections 307, 341 and 323 of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, the informant states that the petitioner tried to strangulate him and also fired upon him with his pistol as a result of which he sustained firearm injury.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The injury report which has been brought on record in the counter affidavit
Patna High Court CR. MISC. No.1595 of 2025(4) dt.11-04-2025 2/3 filed on behalf of S.H.O., Jamhore police station does not support the prosecution case in so far as the injury on the informant has been found to be simple in nature caused by hard and blunt object. The petitioner is in custody since 16.11.2024, has no criminal antecedent and chargesheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. Learned counsel for the informant submits that not only the petitioner is named in the FIR but there is direct allegation against him of having made an attempt to strangulate the informant. Further, there is direct allegation against him of having fired upon the informant. In reference to the injury report, it is submitted that the same appears to be manipulated.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the contents of the injury report referred to herein above and the petitioner having remained in custody for more than 4 months since 16.11.2024 together with chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Jamhore P.S. Case no.68 of 2024 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.1595 of 2025(4) dt.11-04-2025 3/3 sureties of the like amount each to the satisfaction of the learned A.C.J.M. VII, Aurangabad.
(Partha Sarthy, J) Saurabh/- U T