Tripurari Tiwary @ Manish Kashyap @ Tripurari Kumar Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2788 of 2022 Arising Out of PS. Case No.-737 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== Tripurari Tiwary @ Manish Kashyap @ Tripurari Kumar Tiwari S/O Udit Kumar Tiwary @ Munna Tiwary @ Udit Tiwary Resident Of Rampurwa, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey For the Opposite Party/s :
Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 387, 379, 427, 307, 504, 506, 269, 270 and 120B of the Indian Penal Code, Section 3 of the Epidemic Disease Act, 1897 and Section 56 of the National Disaster Management Act.
The learned counsel for the petitioner submits that the petitioner is a journalist and is an Editor-in-Chief of a News Channel namely 'Sach Tak' and has antecedent of eight cases. The learned counsel next submits that the informant, who is sitting M.L.A. alleges that while he was Paras Pakri road when he was intercepted by the accused persons including the petitioner and some unknown accused, who were carrying guns and knifes and were threatening to kill him and even demanded
Patna High Court CR. MISC. No.2788 of 2022(2) dt.11-08-2022 2/3 extortion of Rs.5 Lacs and also snatched his mobile. It is next alleged that the accused persons including the petitioner were trying to lower his political image. It is next alleged that Vivek Sahi was carrying a pistol. It is further alleged that the Superintendent of Police was informed and when the police force came, then the informant and others were released from the captivity of the accused persons.
The learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R., it would manifest that the same is vague and cryptic. It is next submitted that the petitioner is running a News Channel in the name and style 'Sach Tak' and is the Editor-in-Chief of the said channel. It is further submitted that the petitioner is a bold journalist on account of which, he is being targeted by the politicians and the authorities. It is also submitted that it absolutely does not stand to reason that an M.L.A. and that too, a sitting M.L.A. would be made captive and extortion would be demanded from him. It is further submitted that petitioner had contested the election against the informant in the Year 2020, but lost and that was the reason why the petitioner is being implicated in cases after cases. The learned counsel submits that the petitioner started campaigning for his candidature since
Patna High Court CR. MISC. No.2788 of 2022(2) dt.11-08-2022 3/3 2018 against the informant, as such, the informant got him implicated in one case in 2019 and after he contested, thereafter several cases came to be filed against him. The learned counsel next submits that the petitioner is not a criminal rather he is a journalist.
The learned Additional Public Prosecutor opposes the anticipatory bail application.
Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Majhauliya P. S. Case No.737 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J) vikash/- U T