Vikki Tiwari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64817 of 2018 Arising Out of PS.Case No. -205 Year- 2018 Thana -BUXAR District- BUXAR ======================================================
1. Vikki Tiwari, S/o Nagendra Tiwari, Resident of Village-Dalsagar, P.S. Buxar (Industrial), District-Buxar. &
2. Pintu Singh @ Pintu Kumar Singh, S/o Ram Pravesh Mahto, Resident of Village-Padari, P.S. Buxar (Industrial), District-Buxar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 307, 427, 120(B) of the Indian Penal Code and Sections-25(1-b)a, 25(1)A, 26, 27, 35 of the Arms Act. The prosecution case, in brief, is that on the information that house of one Nathuni Yadav is being demolished and firing was also made by accused persons, the informant reached at the place of occurrence where he saw that soil is being removed from JCB. Some miscreants were caught by the police and some cartridges were also recovered from miscreants.
It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The name of the petitioners has transpired in this case on the basis of
Patna High Court Cr.Misc. No.64817 of 2018 (2) dt.25-10-2018 disclosure made by co-accused Brajkishore Chaube, Harikant Upadhyay and Priyabart Dubey. None is said to have been injured in course of occurrence. No offence u/S 307 of the Indian Penal Code is made out. The other similarly situated co-accused namely, Harendra Kumar has been granted anticipatory bail by this Court vide order dated 11-09-2018 passed in Cr. Misc. No. 52296 of 2018. On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory 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, Buxar in connection with Buxar (Town) P.S. Case No. 205 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) A.K.V./- U T