Markandey Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79746 of 2024 Arising Out of PS. Case No.-82 Year-2023 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== Markandey Tiwari Son of Shiv Kumar Tiwari Resident of Village - Chachopali, P.S. - G.B. Nagar, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner and Mr. Uday Chand Prasad, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with G.B. Nagar P.S. Case No. 82 of 2023 instituted for the offence under Sections 307, 385, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that while the informant was sleeping, he found that two persons were talking outside his window. It is further alleged that 5 to 6 round of fire was made on the window. After that the informant went beneath his cot. It is further alleged that in this case police has submitted final form but learned trial court has taken cognizance against the petitioner for the consideration of bail.

Patna High Court CR. MISC. No.79746 of 2024(2) dt.29-11-2024 2/2

4. During course of the argument, learned counsel for the appellant has submitted that in this case no injury has been caused to anybody.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner. He submits that petitioner is having criminal antecedent of one case.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the court below within a period of four weeks from today and in the event of his arrest or surrender in connection with G.B. Nagar P.S. Case No. 82 of 2023, he will be enlarged 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 1st Additional Sessions Judge-cum-Special Judge, Siwan subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) durgesh/- U T