Neeraj Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14255 of 2025 Arising Out of PS. Case No.-542 Year-2024 Thana- PANCHRUKHI District- Siwan ====================================================== 1.

Neeraj Tiwari, S/O Ganesh Tiwari 2.

Bhagwan Tiwari S/O Bipin Bihari Tiwari @ Late Naredra Tiwari Both are R/O Village + Post- Papaur, P.S- Pachrukhi (Sarai O.P.), DistrictSiwan. ... ... Petitioners

Versus

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

For the Petitioner/s :

Dr. Mankeshwar Tiwari, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-04-2025 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Pachrukhi (Sarai O.P.) P.S. Case No. 542 of 2024 instituted for the offence under Sections 126(2), 115(2), 109, 74, 303(2), 352, 351(2), 3(5) and 118(1) of the BNS, 2023.

3. The case of the prosecution is that the petitioner no.1 Neeraj Tiwari assaulted with sword on the head of the informant due to which he received cut injury over his head. Rest all the accused persons assaulted with lathi and danda. It is further alleged that Bhagwan Tiwari (petitioner no.2) has assaulted with farsa to Ajay Tiwari due to which he received bleeding head injury.

Patna High Court CR. MISC. No.14255 of 2025(2) dt.19-04-2025 2/2

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are agnates and there is a counter version of this case and the victims of this case have received simple injury. The petitioners are having no criminal antecedent.

5. In contra, learned APP appearing for the State and learned counsel for the informant have opposed the prayer of bail of the petitioner.

6. 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 petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Pachrukhi (O.P.) P.S. Case No. 542 of 2024, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each of them with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) durgesh/- U T