Shambhu Shankar Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31627 of 2014 Arising Out of PS.Case No. -470 Year- 2013 Thana -ARA NAGAR District- BHOJPUR ======================================================
1. Shambhu Shankar Tiwari Son of Sri Beni Madhav Tiwari resident of village- Thenghawa, P.S.- Charpokhari, District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anju Kumari @ Anju Narain, Advocate For the Opposite Party/s : Mr. Anant Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-02-2015 Heard learned counsel for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 302, 307/34 of the Indian Penal Code and 27 of the Arms Act. It is alleged that four persons came to the door of the informant when Bipin Choudhary shot at the father of the informant namely Parmanand Rai and Jai Prakash Choudhary fired at the brother of the informant namely Ravi Roy, both subsequently succumbed to the injuries. There is accusation of firing by others also.
It is submitted by the learned counsel for the petitioner that there is no accusation of firing by the petitioner at the victims nor the First Information Report discloses that the firing made by the petitioner caused injury to anyone. Similarly situated co-accused
Patna High Court Cr.Misc. No.31627 of 2014 (2) dt.03-02-2015 Guddu Chaudhary @ Ajeet Kumar has been granted bail by a Bench of this Court vide Cr. Misc. No. 25392 of 2014. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara in connection with Ara Town P.S. Case No. 470 of 2013, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.
(Dinesh Kumar Singh, J) P.K./- U T