Raj Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5681 of 2023 Arising Out of PS. Case No.-302 Year-2022 Thana- BASANTPUR District- Siwan ====================================================== 1.

Raj Kumar Tiwari Son Of Giraja Sharan Tiwari R/O Village- Jagatpur Tiwari Tola, P.S.- Basantpur (O.P. Lakari Nabi Ganj), District- Siwan 2.

Lalu Tiwari @ Shravan Kumar Tiwari Son Of Raj Kumar Tiwari R/O Village- Jagatpur Tiwari Tola, P.S.- Basantpur (O.P. Lakari Nabi Ganj), District- Siwan 3.

Gayatri Devi Wife Of Raj Kumar Tiwari R/O Village- Jagatpur Tiwari Tola, P.S.- Basantpur (O.P. Lakari Nabi Ganj), District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rananjay Kumar For the Opposite Party/s :

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 302 and 120(B) of the Indian Penal Code. Allegation against the petitioners is that they along with other co-accused person assaulted one Ranjit Kumar Tiwari causing him injury due to which he died at hospital. Learned counsel for the petitioners submits that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled

Patna High Court CR. MISC. No.5681 of 2023(2) dt.05-05-2023 2/2 against the petitioners is not specific rather general and omnibus in nature. He submits that there is no specific allegation against the petitioners. There is specific allegation against Hari Tiwari and Tarun Tiwari. The petitioners and the informant are agnates. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Having regard to the facts and circumstances of the case and the fact that there is no specific overt act against the petitioners, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Basantpur (O.P. Lakari Nabi Ganj) P.S. Case No.302 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T