Sheo Narain Tiwary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29228 of 2018 Arising Out of PS.Case No. -52 Year- 2018 Thana -SAHPUR District- BHOJPUR ======================================================

1. Sheo Narain Tiwary, son of Late Chathu Tiwary.

2. Hanuman Tiwary @ Mahi, son of Sheo Narain Tiwary. Both the petitioners 1 & 2 are Resident of Village- Bariswan, P.S. Shahpur, District Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Sri Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-05-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek pre-arrest bail in connection with Shahpur P.S. Case No.52 of 2018 registered for the offences under Sections 147, 148, 149, 341, 323, 324, 448, 504, 307, 506 of I.P.C. and section 27 of the Arms Act.

Accusation is that on 25.02.2018 at 2 P.M. on hearing the quarrel between Dr.Sabbir Ahmad and petitioner no.1, Sheo Narayan Tiwari, the informant Dwarika Nath Tiwari came there

Patna High Court Cr.Misc. No.29228 of 2018 (2) dt.14-05-2018 2/3 and tried to pacify the quarrel but due to that reason Sheo Narayan Tiwary went to his house and came along with Dharmendra Tiwary, Vijay Tiwary, Hanuman Tiwary, Chandra Shekhar Tiwary having pistol, katta, gun and katta in their hands respectively and started indiscriminate firing and due to that firing son of the informant, Mithilesh Tiwary sustained firearm injury and in the meantime villagers came and on seeing them the accused persons including the petitioners fled away from there and his son was rushed to the Sadar Hospital and ultimately for better treatment he was referred to the P.M.C.H, Patna. Learned counsel appearing on behalf of the petitioners submits that it would appear from the F.I.R. that the specific allegation of causing injury has been attributed to co-accused Dharmendra Tiwary and not to these petitioners. That apart petitioner no.1 on 25.2.2018 had given written application to the O.C., Bhojpur P.S. regarding involvement of the son of the informant in bank dacoity.

Having considered the facts and the circumstances of the case, let the petitioners above named, in the event of their arrest or surrender before the court below within six weeks from today, be

Patna High Court Cr.Misc. No.29228 of 2018 (2) dt.14-05-2018 3/3 enlarged on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the A.C.J.M., 14, Bhojpur,Ara, in Shahpur P.S. Case No.52 of 2018 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U