Shashi Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18891 of 2019 Arising Out of PS. Case No.-60 Year-2017 Thana- DARIHAT District- Rohtas ====================================================== 1.

SHASHI TIWARI Son of Rameshwar Tiwari R/o village- Panduhar, P.SDarihat, Dist- Rohtas 2.

Ravi Ranjan @ Niranjan @ Chhotan Tiwari @ Niranjan Tiwari Son of Rameshwar Tiwari R/o village- Panduhar, P.S- Darihat, Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwari For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-06-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Darihat P.S. Case No.60 of 2017 registered under Sections 341, 325, 504, 506, 384 and 386/34 of the Indian Penal Code. The accusation is that the informant Manoj Kumar Singh is running Gayatri Industrial Training Institute ( Gayatri I.T.I.) taking the land on lease from Ramakant Tiwary in villagePanduhar since 2009. On 11.08.2017 at about 03.30 P.M., Arvind Tiwary, Ravi Tiwari and these petitioners came at the institute of the informant and accompanied him outside the institute, caught hold the informant and demanded ransom

Patna High Court CR. MISC. No.18891 of 2019(4) dt.25-06-2019 2/3 Rs.35000/- per month for running the institute. When the informant made protest, they assaulted him with fists and slaps. In the meantime, Shashi Tiwari (petitioner no.1) and Arvind Tiwary pointed the pistol on the informant and the petitioner no.1 took his gold ring. Thereafter, Arvind Tiwary took cash Rs.11000/- from the pocket of the informant.

Learned counsel appearing on behalf of the petitioners submits that, in fact, the land, which is said to be taken by the informant on lease from Ramakant Tiwary, is belonging to the petitioners regarding which Title Suit No.555 of 2009 has been filed by Rameshwar Tiwary, the father of the petitioners, and others against Ram Keshwar Tiwary and others, in the court of the Sub Judge-I, Sasaram (Rohtas), which is pending for disposal. Only to put undue pressure upon the petitioners, the informant has lodged the present case. Except one case, as detailed in paragraph-3 to this application, which has been lodged by the informant of the present case, the petitioners have no criminal antecedents.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.18891 of 2019(4) dt.25-06-2019 3/3 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, First Class, Dehri On Sone, Rohtas, in connection with Darihat P.S. Case No.60 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T