IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39949 of 2008 1.NIRMAL KUMAR TIWARY @ NIRMAL TIWARY son of Sri Ram Pravesh Tiwary 2. LALAN TIWARY son of Sri Bhulan Tiwary Both are resident of village- Baraki Nainijore, P.S. – Brahmpur (Nainijore) District- Buxar. Versus STATE OF BIHAR ----------- 2 24.10.2008 Heard learned counsels for the petitioners and the State. Petitioners are accused for the offence under sections 149, 307 of the Indian Penal Code and section 27 of the Arms Act. The allegation against the petitioner is that he was also one of the members of the mob having arms in their hands who were making indiscriminate firing. It is submitted on behalf of the petitioners that the allegations are absolutely false as the petitioners being the Government Servant were at their respective place of positing on the alleged date of occurrence. It is further submitted that no body sustained injury and upon investigation police did not find the case true and the case has only been found true under section 144 of the Indian Penal Code and section 27 of the Arms Act. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that let the petitioner surrender in the Court - 2 - below within a period of four weeks from today, when they, Nirmal Kumar Tiwary @ Nirmal Tiwary & Lalan Tiwary shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Brahmpur (Nainijore) P.S.Case No. 50 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)