Shivdular Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37757 of 2015 Arising Out of PS.Case No. -129 Year- 2015 Thana -ITADHI District- BUXAR ====================================================== Shivdular Tiwary .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-08-2015 Heard both sides.

The petitioner seeks bail in Itarhi P.S. Case No. 129/2015, registered for the offences punishable under Sections 302 and other Sections of the Indian Penal Code and 25(1-b)a, 26 and 27 of the Arms Act.

The informant alleged that a Barat had come in which one person tried to pass through the line of Baratis. The informant forbade but one person ordered to kill. On such, Sanjay Pandey opened fired killing the son of the informant on the spot. It is submitted that the petitioner did not assault rather he started to flee away after firing but he was caught. No allegation of assault is made against the petitioner. The petitioner is in jail since 26.06.2015.

Considering the facts aforesaid, the petitioner above named

Patna High Court Cr.Misc. No.37757 of 2015 (2) dt.26-08-2015 2/2 is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar, in connection with Itarhi P.S. Case No. 129/2015. (Prabhat Kumar Jha, J.) Rakhi/- U T