Kamlesh Tiwary @ Guddu Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50316 of 2025 Arising Out of PS. Case No.-202 Year-2025 Thana- DINARA District- Rohtas ====================================================== Kamlesh Tiwary @ Guddu Tiwary, S/o Late Jagarnath Tiwary, R/o vill - Yogiya, P.S.- Dinara, Distt.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manendra Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-08-2025 Heard Mr. Manendra Kumar Sinha, learned counsel for the petitioner and Mr. Mohammed Arif, learned APP for the State.

2. Petitioner seeks regular bail in connection with Dinara P.S. Case No. 202 of 2025 dated 14.05.2025 registered for the offences punishable under sections 115(2), 126(2), 109, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita and section 27 of the Arms Act.

3. The main submissions advanced by petitioner's counsel are that as per the allegation three persons riding on a motorcycle stopped near the informant and opened fired at him but in that firing, the informant did not sustain any injury and out of the three assailants, who were allegedly riding on that motorcycle, two were identified by the informant as co-accused, namely, Ankur Tiwary and Nandan Pandey and the informant alleged that he could not identify the third assailant. It is further submitted that the petitioner is known to the informant and

Patna High Court CR. MISC. No.50316 of 2025(2) dt.11-08-2025 2/2 in the last portion of the FIR, he simply alleged that the petitioner abused him on 11.05.2025, however, there is no allegation against this petitioner of having conspired with co-accused persons or any kind of his involvement in the alleged occurrence. It is lastly submitted that the petitioner has been made an accused mainly on account of being the father of the co-accused, Ankur Tiwary and he has been languishing in jail since 15.05.2025.

4. Learned APP for the State has opposed the prayer of the petitioner.

5. Considering the aforesaid submissions and mainly the fact that against this petitioner, there is no allegation of having fired at the informant and the main allegation against him is of having abused the informant two days prior to the commission of the alleged offence of firing, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Dinara P.S. Case No. 202 of 2025.

(Shailendra Singh, J) annu/- U T