Mantosh Tiwary @ Manish Kumar @ Mantosh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57457 of 2018 Arising Out of PS.Case No. -78 Year- 2018 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Mantosh Tiwary @ Manish Kumar @ Mantosh Kumar, S/o Sri Vishawanath Tiwari, R/o Vill.- Barishwan (Barsaun), P.S.- Shahpur, District- Bhojpur.

2. Sonu Mishra S/o Manoj Mishra, R/o Vill.- Madhukarpur, P.S.- Dinara, District- Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh, Advocate. For the Opposite Party/s : Mr. Nityanand Tiwary, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Dinara P.S.Case No. 78 of 2018 registered under Sections 341, 323, 504, 506 & 34 of the Indian Penal Code and 27 of the Arms Act.

It is submitted by the learned counsel for the petitioners that save and except Section 27 of the Arms Act all other offences alleged in the FIR are bailable in nature. So far as the offence punishable under Section 27 of the Arms Act is concerned, the submission is that specific allegation is made

Patna High Court Cr.Misc. No.57457 of 2018 (2) dt.08-10-2018 2/2 against co-accused Chhotu Mishra @ Vinay Mishra who had opened fire, which caused no injury. It is further contended that the petitioners have got roots in the society and they are not likely to abscond or tamper with the evidence.

Having regard nature of allegation and the submissions made on behalf of the petitioners, in the event of their arrest or surrender in the court below within four weeks from today, they are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas, Sasaram in connection with Dinara P.S.Case No. 78 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Pradeep/Sneha U T