Surendra Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8284 of 2022 Arising Out of PS. Case No.-249 Year-2018 Thana- SIMRI District- Buxar ====================================================== SURENDRA TIWARI Son of Late Dayashankar Tiwari, Resident of Village - Asha Parari, P.S.- Smri, Dist.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwajeet Kumar Mishra For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioner as well as the learned counsel for the informant.

The petitioner apprehends his arrest in connection with Simri P.S. Case No. 249 of 2018 registered for offence punishable under sections 341, 323, 448, 337, 307, 504, 506/34 of the Indian Penal Code.

As per allegation, the accused persons entered into the gate of the informant and they threatened his wife and Bhabhi. They also assaulted his family members.

The learned counsel for the petitioner has submitted that there is no overt act against the petitioner. The petitioner is a retired Teacher and he is a person of clean antecedent. He has also

Patna High Court CR. MISC. No.8284 of 2022(2) dt.01-09-2022 2/2 submitted that in last portion of the FIR, it has been mentioned that the petitioner was also there and was instigating the other accused persons. He has submitted further that there is long drive enmity between the parties. There are cases pending them and the injuries suffered by the informant side are simple in nature caused by hard and blunt substance.

Considering the above-mentioned facts and circumstances as well as the clean antecedent of the petitioner, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Buxar in connection with Simri P.S. Case No. 249 of 2018, subject to condition as laid down under section 438(2) Cr. P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T