Bushan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3315 of 2022 Arising Out of PS. Case No.-140 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== 1.

Bushan Tiwari S/o- Badshah Tiwari Resident of Village - Nagauli, P.S. - Basantpur, District - Siwan.

2.

Satyabir Singh @ Satyabir S/o- Late Parshuram Singh Resident of Village - Nagauli, P.S. - Basantpur, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-07-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in Basantpur P.S. Case No. 140 of 2020, registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code. Later on, section 302 IPC and section 51(b) of NDMA Act were added.

Prosecution case in brief is that 40 named including petitioners and 40-45 unknown assaulted the informant and his friend which led to injury on the informant and death of one Md. Rafique Alam. Initially, the case was lodged under Section 307 IPC, but after death of Md. Rafique Alam section 302 IPC

Patna High Court CR. MISC. No.3315 of 2022(2) dt.26-07-2022 2/2 was added.

It is submitted that there is general and omnibus allegation against all the accused persons including petitioners and no specific overt act has been alleged against them. Similarly situated co-accused persons have been granted bail by different benches of this court. Petitioners claims clean antecedents.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No. 140 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T