Sheshnath Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49955 of 2019 Arising Out of PS. Case No.-140 Year-2019 Thana- BHORE District- Gopalganj ====================================================== 1.

SHESHNATH TIWARI Son of Late Ram Kishun Tiwari Resident of Village- Khajuria, P.S.-Bhore, District- Gopalganj (Bihar). 2.

Raghaw Tiwari Son of Late Ram Kishun Tiwari Resident of VillageKhajuria, P.S.-Bhore, District- Gopalganj (Bihar). 3.

Ranjan Tiwari Son of Sheshnath Tiwari Resident of Village- Khajuria, P.S.- Bhore, District- Gopalganj (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-09-2019 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Bhore P.S. Case No. 140 of 2019 for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 302, 504, 506 and 324 of the Indian Penal Code .

The allegation is regarding the accused persons including the petitioners herein having arrived at the house of the informant and thereafter the accused persons had beaten the informant and others with farsa, lathi, Danda, Bhala etc. The learned counsel for the petitioners submits that as

Patna High Court CR. MISC. No.49955 of 2019(3) dt.27-09-2019 2/2 far as the petitioners herein are concerned, no specific overt act has been alleged against them by the informant, hence, their complicity in the matter is not established and they can at best be said to be member of the mob. Moreover, it is submitted that the petitioners are having clean antecedent and are languishing in custody since 22.04.2019. Nonetheless, the learned counsel appearing for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Bhore P.S. Case No. 140 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T