Patna High CourtCR. MISC./6098/2021bail granted

Vikash Tiwary @ Vikash Kumar Tiwary v. The State Of Bihar

2021-12-15Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6098 of 2021 Arising Out of PS. Case No.-255 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== Vikash Tiwary @ Vikash Kumar Tiwary Son of Naga Tiwary @ Shiv Kishore Tiwary Resident of Village - Bilauri, P.S.- Shahpur Dist.- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-12-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Shahpur Police Station Case No. 255 of 2020, disclosing offences under Sections 307/34 of the Indian Penal Code.

The allegation as per the ferdbeyan is that the accused persons attempted to kill the informant. The allegation against the present petitioner is that he fired shot which although did not hit the informant but it passes from near the ear of the informant whereas co-accused Shanker Tiwary fired shot which hit at the thigh of the informant.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.6098 of 2021(2) dt.15-12-2021 2/2 prior to the occurrence in the year 2019, the petitioner has lodged a case against the members of informant and his family members and it was the result of this false implication. On the other hand, learned Addl. P.P. opposes the prayer for bail.

Considering the facts and circumstances as well as nature of allegation against the present petitioner, let the petitioner, named above, in the event of his arrest or surrender before the Court below within four weeks, 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 learned Chief Judicial Magistrate, Bhojpur at Ara, in connection with Shahpur Police Station Case No. 255 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Nawneet Kumar Pandey , J) sanjeev/- U T