Chandra Shekhar Tiwary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45390 of 2018 Arising Out of PS.Case No. -52 Year- 2018 Thana -SAHPUR District- BHOJPUR ======================================================
1. Chandra Shekhar Tiwary, S/o Late Saraju Tiwary,
2. Vijay Tiwary @ Gelhi Tiwary @ Gelhi S/o Chandra Shekhar Tiwary, Both residents of Vill.- Bariswan, P.S.- Shahpur, District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mr. Zainul Abedin, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Shahpur P.S. Case No. 52 of 2018, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 448, 504, 307 , 506 of the Indian Penal Code and 27 of Arms Act. As per F.I.R., allegation against the petitioners is that they are created nuisance in the clinic of the informant and also made indiscriminate firing with intention to kill the informant and thereafter, they fled away.
Submission of the learned counsel for the petitioners is that the petitioners have falsely been implicated in this case and the allegation against the petitioners is general and omnibus. It is
Patna High Court Cr.Misc. No.45390 of 2018 (2) dt.02-08-2018 2/2 further submitted that the similarly situated co-accused persons have been granted privilege of anticipatory bail by a Co-ordinate Bench of this Court vide order dated 14.05. 2018 passed in Cr. Misc. No. 29228 of 2018.
Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, surrenders be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- XIV, Bhojpur, Ara in connection with Shahpur P.S.Case No. 52 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(Vinod Kumar Sinha, J) Sudha/- U T