Manoranjan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6257 of 2023 Arising Out of PS. Case No.-209 Year-2019 Thana- KHIJARSARAI District- Gaya ====================================================== 1.

Manoranjan Tiwari S/O Late Hitalal Tiwari R/O Village- Bara, P.S.- Khizarsarai, Distt- Gaya.

2.

Mukesh Tiwari S/O Gajendra Tiwari R/O Village- Bara, P.S.- Khizarsarai, Distt- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== 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 147, 341, 323, 325, 379, 385, 387, 504 and 506 of the Indian Penal Code. As per the prosecution case, the petitioners along with ten other persons are alleged to have waylaid the informant, assaulted him and divested him of his personal belongings. 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 against the petitioners is not specific rather general and omnibus in nature. He submits that the petitioners and others who have been made accused in this case are agnates of the informant and there is

Patna High Court CR. MISC. No.6257 of 2023(2) dt.05-05-2023 2/2 dispute between both the parties. Similarly situated co-accused have been enlarged on bail by a co-ordinate Bench of this court vide order dated 24.05.2022 passed in Cr. Misc. No. 24454 of 2021 and vide order dated 19.01.2021 passed in Cr. Misc. No. 27762 of 2020. 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 similarly situated co-accused have been granted bail, 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 Khizarsarai P.S. Case No.209 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T