Amrendra Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24454 of 2021 Arising Out of PS. Case No.-209 Year-2019 Thana- KHIJARSARAI District- Gaya ====================================================== Amrendra Tiwary, aged about 36 years, male, Son of Ram Binay Tiwary, R/O- Bana, P.O. and P.S.- Khizersarai, District- Gaya, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-05-2022 Heard the counsel for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Khizersarai P.S. Case No. 209 of 2019 instituted for the offences under Sections 147, 341, 323, 325, 379, 385, 387, 504 and 506 of the Indian Penal Code.

The petitioner along with ten other persons are alleged to have waylaid the informant, assaulted him and

Patna High Court CR. MISC. No.24454 of 2021(2) dt.24-05-2022 2/3 divested him of his personal belongings.

It has been submitted on behalf of the petitioner that the accusation is absolutely general and omnibus and motivated as well.

There is also a counter version of the occurrence. It has further been submitted that the petitioner and others, who have been made accused in this case, are all agnates of the informant and there is some dispute between two sets of people of the same locality, the petitioner and the informant being the members of the opposite camps.

The learned counsel for the petitioner has drawn the attention of this Court to the fact that some of the similarly situated accused persons of this case have been granted anticipatory bail by different Benches of this Court. One of such orders has been brought on record by way of Annexure -2.

Regard being had to the facts afore-stated and taking into account that the petitioner does not have criminal antecedents, he, in the event of his arrest or surrender

Patna High Court CR. MISC. No.24454 of 2021(2) dt.24-05-2022 3/3 before the learned Court below within a period of four weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Khizersarai P.S. Case No. 209 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T