Rakesh Tiwary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67185 of 2018 Arising Out of PS. Case No.-524 Year-2018 Thana- Mohaniya District- Bhabhua (Kaimur) ======================================================

1. Rakesh Tiwary, son of Surendra Tiwary,

2. Mukesh Kumar Tiwary @ Mukesh Tiwary, son of Surendra Tiwary,

3. Surendra Tiwary, son of Ram Krit Tiwary,

4. Shri Niwas Tiwary, son of Late Ramjee Tiwary,

5. Ajay Tiwary @ Ajay Kumar Tiwary, son of Ram Krit Tiwary, All are resident of village- Awari, Police StationMohania, District- Kaimur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Pathak, Advocate For the Opposite Party/s :

Smt. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek pre-arrest bail in connection with Mohania P.S. Case No. 524 of 2018 registered under Sections 341, 353 and 506/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that save and except Section 353 of the Indian Penal Code, all other Sections are bailable in nature. As far as Section 353 of the Indian Penal Code is concerned, there is no allegation that the petitioners assaulted the informant or any other public servant. The only allegation against them is that they were

Patna High Court Cr.Misc. No.67185 of 2018(2) dt.17-12-2018 2/2 protesting against the action of the police force when they had gone to remove the encroachment made by the petitioners. He contended that the ingredients of Section 353 of the Indian Penal Code are clearly wanting in the present case. Learned counsel appearing for the State has opposed the application for grant of pre-arrest bail to the petitioners. Considering the allegations made in the first information report and the submissions made above, in the event of arrest or surrender before the court below within six weeks from today, the petitioners are directed to be released on bail 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 Mohania P.S. Case No. 524 of 2018 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md. S./-Sanjeev U T