Shiwam Tiwary @ Shiwam Kumar Tiwary And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11339 of 2015 Arising Out of PS.Case No. -71 Year- 2014 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ======================================================

1. Shiwam Tiwary @ Shiwam Kumar Tiwary S/o Narendra Tiwary

2. Shaurabh @ Lala Tiwary @ Lal Tiwary S/o Ramchandra Tiwary Both Resident of Village Kathaura, P.S. Sonhan, District Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-03-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 326, 307 of the Indian Penal Code and 27 of the Arms Act. It is alleged that the informant was sleeping in the night during marriage ceremony and when he woke up having caused pellet injury on his chest. First Information Report was lodged against unknown, but subsequently informant raised suspicion against the petitioner. It is submitted by the learned counsel for the petitioners that the injury has been found simple, but the petitioner was known to the informant as the both were

Patna High Court Cr.Misc. No.11339 of 2015 (2) dt.19-03-2015 on litigating terms, but informant neither named the petitioner in the First Information Report nor raised suspicion against the petitioner during medical examination. It is further submitted that due to old enmity the petitioner has been named by the informant. Considering the aforesaid facts, let the above named petitioners be released on bail in the event of their 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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhagwanpur P.S. Case No. 71 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T