Upendra Tiwari @ Upendra Kumar Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10077 of 2022 Arising Out of PS. Case No.-204 Year-2020 Thana- BARURAJ District- Muzaffarpur ====================================================== UPENDRA TIWARI @ UPENDRA KUMAR TIWARY S/o Late Kalika Tiwari R/o village- Gopinathpur, P.S.- Baruraj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Om Prakash For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Baruraj P.S. Case no. 204 of 2020 instituted for the offence under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code.

As per allegation in the FIR, while the informant with others had gone to sow mustard seeds in his farm land which was behind the house of co-accused Mantun Tiwari, in the meantime, four accused persons including the petitioner came there with sharp edged weapon and assaulted him brutally as a result of which he sustained several injuries and became unconscious.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.10077 of 2022(2) dt.23-08-2022 2/2 has submitted that petitioner is innocent and has committed no offence. Admitted land dispute is going on between the parties. There is delay of about a week in lodging the FIR without any plausible reason. There is case and counter case. Informant had procured a collusive injury report. He has got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Baruraj P.S. Case no. 204 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U