Shyam Kumar Tiwari @ Shyam Tiwari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.576 of 2018 Arising Out of PS.Case No. -138 Year- 2017 Thana -KALYANPUR District- EAST CHAMPARAN (MOTIHARI) ======================================================

1. Shyam Kumar Tiwari @ Shyam Tiwari, Son of Ram Pukar Tiwari,

2. Sunita Devi, Wife of Ram Pukar Tiwari, Both residents of Pakri Dikshit, P.S.- Kalyanpur, District- East Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Tiwari, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 11-01-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Kalyanpur P.S. Case No. 138 of 2017 registered under Sections 147, 148, 149, 448, 323, 307, 379 and 504 of the Indian Penal Code.

Regard being had to the submission made by the learned counsel for the petitioners that though they are named in the FIR, no specific overt act has been alleged against them and

Patna High Court Cr.Misc. No.576 of 2018 (2) dt.11-01-2018 there is case and counter case between the parties and three persons have sustained injuries from the side of the petitioners, in the event of arrest or surrender in the court below within six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran Motihari in connection with Kalyanpur P.S. Case No. 138 of 2017 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T