Bishorup Tiwary @ Bishwarup Tiwary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14842 of 2015 Arising Out of PS.Case No. -66 Year- 2014 Thana -HATHUA District- GOPALGANJ ======================================================

1. Bishorup Tiwary @ Bishwarup Tiwary son of Late Nand Kishore Tiwary

2. Binay Kumar @ Vijay Tiwari son of Bashiste Tiwary

3. Kishan Choudhary son of Indradeo Choudhary All residents of villageHathua (Dakhin Tola), P.S. Hathua, District- Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 01-06-2015 Heard learned counsel for the petitioners and the learned A.P.P for the State.

The petitioners seek bail in Hathua P.S.Case No. 66 of 2014 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

The allegation is that all the accused including the petitioners assaulted the deceased causing his death. Earlier also they had assaulted the deceased but no case had been lodged. It is submitted that it appears on perusal of the written report of the informant that she is not an eye witness of the occurrence. There is no specific allegation of overt act against the petitioners. It is further submitted that the co-accused Munna

Patna High Court Cr.Misc. No.14842 of 2015 (3) dt.01-06-2015 2/2 Tiwary has been granted bail vide order dated 17.04.2015 passed in Cr. Misc. No. 2624 of 2015 by a co-ordinate Bench of this Court.

Considering the facts and circumstances of this case, the above-named petitioners are directed to be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sri R.K.Pandey, Judicial Magistrate 1st class, Gopalganj in Hathua P.S. Case No.66 of 2014 with the following conditions :

1.

One of the bailers will be the close relative of the petitioners.

2.

The petitioners will not indulge in similar or in any other offence.

3.

The petitioners will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, their bail bond will be liable to be cancelled by the court concerned.

Namita/- (Amaresh Kumar Lal, J) U T