Ashok Kumar Tiwari @ Ashok Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.59226 of 2018 Arising Out of PS.Case No. -55 Year- 2018 Thana -DAWATH District- SASARAM (ROHTAS) ======================================================
1. Ashok Kumar Tiwari @ Ashok Tiwari S/o late Girijanand Tiwari Resident of Village- Parmanpur, P.S. Dawath, Distt. Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Adv For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147,148,149,341,323,324,308 and 379 of the Indian Penal Code.
Submission is that though allegation is that the petitioner was carrying a firearm, however, there is no allegation that firearm was used by the petitioner. Petitioner is accused in two cases of trivial nature. Considering the aforesaid fact especially the fact that no overt-act is alleged against the petitioner, let the petitioner, above named, in the event of his arrest or
Patna High Court Cr.Misc. No.59226 of 2018 (3) dt.01-11-2018 2/2 surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Dawath P.S.Case No.55 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Nitesh/- U T