Vishal Tiwari And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9124 of 2019 Arising Out of PS. Case No.-341 Year-2017 Thana- BUXAR MUFFSIL District- Buxar ======================================================

1. Vishal Tiwari, aged about 25 years (Male), S/o Late Chandrabhushan Tiwari, Resident of village-Pandeypatti Buxar, P.S.-Buxar (M), District-Buxar.

2. Rohit Choudhary @ Rohit Rai, aged about 24 years (M), S/o Hridya Rai @ Hridaya Narayan Rai, Resident of village-Musafirganj, Buxar, Ward No.10, Buxar, P.S.-Buxar (T), District-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Roy, Adv.

For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-02-2019 The petitioners seek bail in anticipation of their arrest in connection with Buxar (Muffasil) P.S. Case No. 341 of 2017, dated 23.12.2017, instituted for the offences under Sections 448 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

It has been submitted on behalf of the petitioners that they are not named in the F.I.R. and their names have only come during the course of investigation. There is a reason for falsely implicating the petitioners. It has been submitted that sometimes in the year 2013, the younger brother of the petitioners had filed a case against the local

Patna High Court Cr.Misc. No.9124 of 2019(2) dt.15-02-2019 2/2 police officer and as a result of which, the entire family is being made accused in several cases. In support of the aforesaid statement, the learned counsel for the petitioner has drawn the attention of this Court to the fact that earlier also, the petitioners were made accused in several cases of minor nature at the instance of the local police and in all the cases, the petitioners are on bail.

Considering the aforesaid aspects, the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, are directed to be released on bail on their furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (Muffasil) P.S. Case No. 341 of 2017, subject to the conditions laid down under Section 438(2) of the Cr.P.C. Praveen-II/- (Ashutosh Kumar, J) U T