Bishwanath Tiwari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7068 of 2016 Arising Out of PS.Case No. -191 Year- 2015 Thana -RAGHUNATHPUR DistrictSIWAN =====================================

1. Bishwanath Tiwari, Son of Uma Shankar Tiwari.

2. Master Tiwari @ Vivek Tiwari, Son of Bishwanath Tiwari.

3. Bipin Tiwari, S/o Surendra Tiwari.

All are Resident of Village- Nawadih, P.S.- Raghunathpur, District- Siwan.

4. Rajan Tiwari @ Rajan Pandey, S/o Nawal Kishore Pandey, R/o Village- Harnathpur, P.S.- Raghunathpur, Distt.- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kr. Dwivedi, Adv. For the Opposite Party/s : Mr. Sadanand Paswan (SPL.PP.) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-03-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Raghunathpur P.S. Case No.191 of 2015, disclosing offences under Sections 341, 323, 448, 427 and 504/34 of the Indian Penal Code and

Patna High Court Cr.Misc. No.7068 of 2016 (2) dt.15-03-2016 2/3 Section 3 (1) (x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act.

Learned counsel for the petitioners submits that no offence, under Section 3 (1) (x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, is made out against these petitioners on the basis of the allegation as contained in the First Information Report. He further submits that the allegation is quite vague and omnibus.

Considering the facts and circumstances of the case, this application is allowed. Let the petitioner Nos.1 to 4, abovenamed, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Raghunathpur P.S. Case No.191 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners, abovenamed, shall present themselves before the police/Court, as the case may be, as and

Patna High Court Cr.Misc. No.7068 of 2016 (2) dt.15-03-2016 3/3 when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T