Tunnu Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5879 of 2019 Arising Out of PS. Case No.-26 Year-2018 Thana- PIPRA District- Patna ====================================================== TUNNU TIWARI of Late Umesh Tiwari Resident of Village - Sahwajpur, P.S.-Pipra, Distt.-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 386, 504, 307, 34 IPC registered in connection with Pipra P.S. Case No. 26 of 2018.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of admitted land dispute, for which T.S. No. 166 of 2015 is going on. The accusation of demanding rangdari is general and omnibus against all the accused persons. The accusation of firing by Munna Tiwari is not supported by the FIR for which provisions of the Arms Act has not been invoked. There is no injury caused to anyone. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Mr. R.Kumar, learned J.M.Ist Class, Masaurhi, Patna in connection with Pipra P.S. Case No. 26 of 2018, subject to the conditions as laid down

Patna High Court Cr.Misc. No.5879 of 2019(2) dt.05-02-2019 2/2 under Section 438 (2) Cr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. Chandran/- (Vikash Jain, J) U T