Kundan Tiwari @ Kundan Kumar Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44455 of 2018 Arising Out of PS. Case No.-365 Year-2018 Thana- DEHRI TOWN District- Rohtas ====================================================== Kundan Tiwary @ Kundan Kumar Tiwary, Son of Prem Tiwary, resident of Village- Bhalwadi, P.S.- Indrapuri, District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner, informant and the State.

The petitioner seeks bail in Dehri (Indrapuri) P. S. Case No. 365 of 2018 instituted for the offence under Section(s) 341, 323, 338, 307, 504 and 506/34 Indian Penal Code. Later on Section 302 of the IPC was added. Learned counsel for the petitioner has submitted that there is no specific allegation against this petitioner. In the written report, it is alleged that somebody fired from back which hit the wife of the informant in the stomach and left thigh on account of which she fell down. Case diary has been received, wherein postmortem report of the deceased is available.

Learned counsel for the informant has appeared and

Patna High Court Cr.Misc. No.44455 of 2018(4) dt.11-10-2018 2/2 submitted that in the case diary, the statement of two sons of the deceased has been recorded in paragraph no. 74 and 75 of the case diary, wherein, they have stated that this petitioner also fired. Learned APP, after verifying the facts in the said paragraph has stated that both sons of deceased in their statement before police has not levelled specific allegation against this petitioner of causing fire arm injury to deceased. The learned APP further submits that doctor in postmortem report has found only one injury on the person of the deceased caused by firearm. Petitioner is in custody since 20.4.2018.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Dehri Rohtas, in connection with Dehri (Indrapuri) P. S. Case No. 365 of 2018 subject to the condition that both the bailers shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T