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Patna High CourtCR. MISC./5834/2016dismissed

Anil Tiwary And ANR v. The State Of Bihar

2016-02-23Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 5834 of 2016 Arising Out of PS.Case No. -169 Year- 2014 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Anil Tiwary

2. Raju Tiwary @ Sarju Tiwary, both sons of Paramhans Tiwary, Resident of Village Kharigawa, P.S. Chainpur, District Kaimur at Bhabua. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Rajeev Nayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

23-02-2016 Heard Sri Tribhuwan Narayan, learned counsel for petitioners and learned Addl. Public Prosecutor. Two petitioners, apprehending their arrest in Chainpur P.S. Case No. 169 of 2014 registered for the offence under Sections 341, 323, 379, 307, 427, 431 & 34 of the Indian Penal Code, have prayed for grant of anticipatory bail. Learned counsel for petitioners at the very outset submits that in this case, F.I.R. has been lodged one day after the occurrence. He submits that false case has been instituted, but fact remains that one day prior to lodging of the present F.I.R., an accident had taken place by the informant's vehicle and to save his skin, he has filed the present case. It was submitted that some of the accused persons have been granted bail.

Patna High Court Cr.Misc. No.5834 of 2016 (2) dt.23-02-2016 2/2 I have perused the F.I.R. There is specific accusation against the petitioners.

The petition stands dismissed.

If the petitioners appear before the court below and make a prayer for regular bail within a period of six weeks from today, the learned court below, without being prejudiced with this order, may examine the same and pass appropriate order in accordance with law.

(Rakesh Kumar, J.) Anay U T