Rajesh Pathak And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55262 of 2016 Arising Out of PS.Case No. -82 Year- 2016 Thana -GUTHNI District- SIWAN ======================================================

1. Rajesh Pathak, son of Rameshwar Pathak @ Rama Shankar Pathak,

2. Rameshwar Pathak @ Ramashankar Pathak, son of Late Gajadhar Pathak, Resident of Village- Harpur, P.S.- Mairwa, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Pandey, Advocate For the Opposite Party/s : Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-02-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners are languishing in custody for offences punishable under Sections 307/353/35 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioners were arrested from the house of co-accused Brij Tiwari @ Umesh Tiwari. At the time when the police came to raid the house and the criminals from inside the house started firing on the police party, no one sustained any injury. However, fire-arms were allegedly recovered from other accused Tribhuwan Tiwari, Lucky Tiwari, Jitesh Tiwari. Nothing was recovered from the possession of these petitioners and they are in custody since 31.07.2016.

Patna High Court Cr.Misc. No.55262 of 2016 (3) dt.13-02-2017 2/2 Considering the facts aforesaid, let petitioners, above named, be enlarged on 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, Siwan/Successor Court, in connection with Guthani P.S. Case No. 82 of 2016.

(Birendra Kumar, J) Mkr./- U T