Shivanand Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12286 of 2021 Arising Out of PS. Case No.-294 Year-2020 Thana- RAJPUR District- Buxar ====================================================== Shivanand Tiwari, aged about 51 years, male, Son of Pandit Brij Bihari Tiwari, Resident of Village - Khiri, P.S. - Rajpur, Dist. - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 23-12-2021 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Rajpur P.S. Case No. 294 of 2020, dated 01.12.2020, instituted for the offences under Sections 341, 323, 504, 307, 326 and 34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act. It has been alleged in the F.I.R. that on the exhortation of the petitioner, one Murlidhar Trigun fired from

Patna High Court CR. MISC. No.12286 of 2021(2) dt.23-12-2021 2/3 his weapon at the informant but one Kalendra Trigun was injured.

The learned counsel for the petitioner has submitted that though he has been named in the F.I.R. as the person who had exhorted the act of firing against the informant and the injured person, but the fact of the matter is that he was not even present at the place of the occurrence. The petitioner had all along been busy in looking after his ninety years old parents. It has further been submitted that because of a dispute between him and the local Ward Member, namely, Sita Devi over drainage, the petitioner has been named by the informant as one of the accused persons on the prompting of aforesaid Sita Devi. It has, therefore, been submitted that there is no overt act attributed against the petitioner.

Regard being had to the facts afore-stated, the petitioner, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.12286 of 2021(2) dt.23-12-2021 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Rajpur P.S. Case No. 294 of 2020,, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T