Dinesh Tiwari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38788 of 2017 Arising Out of PS.Case No. -24 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Dinesh Tiwari, Son of Late Ajab Lal Tiwari,

2. Akhilesh Tiwari Son of Dinesh Tiwari, Both R/o Village- Durgapur, P.S.- Muffasil Khagaria, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar, Advocate. For the Opposite Party/s : Dr. Indiwar Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Khagaria Muffasil P.S. Case No. 24 of 2017, G.R. No. 103 of 2017 instituted for the offence under Sections 341, 324, 307, 506/34 of the Indian Penal Code and Section 27 of the Arms Act. As per written report there is specific allegation against co-accused Bablu Tiwari @ Vikas Tiwari of causing firearm injury on the left thigh of the informant. Petitioner is said to be the order giver. Except this, there is no specific allegation of overt act against these petitioners. The petitioner No. 1 is aged about 73 years.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.38788 of 2017 (2) dt.28-08-2017 2/2 prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Khagaria Muffasil P.S. Case No. 24 of 2017, G.R. No. 103 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned,

(2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T