Ram Nath Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14138 of 2019 Arising Out of PS. Case No.-214 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Ram Nath Tiwary, Son of Late Vyas Tiwari Resident of Village - Khardaur, P.S.- Chanpatiya, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner : Mr. Anil Kumar, Advocate For the Opposite Party : Mr. Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-03-2019 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Chanpatiya P.S. Case No. 214 of 2018 dated 30.05.2018 instituted for the offences under Sections 147, 148, 149, 143, 353, 337, 338, 323, 324, 307, 504, 506 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

The occurrence is said to have taken place during the taking of possession of a land over which the parties have been staking competitive claims. The son of the petitioner has also filed a case against the informant of the present case and others. Though there is an allegation of assault but such allegation has been couched in general and omnibus terms. Nothing specific

Patna High Court CR. MISC. No.14138 of 2019(2) dt.08-03-2019 2/2 has been alleged against the petitioner who in the FIR is stated to be 72 years of age. The only case apart from the present subject FIR against the petitioner which has been referred to in paragraph-3 of the petition is one which was lodged later than the present case. Considering the aforesaid facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 5th Bettiah, West Champaran in connection with Chanpatiya P.S. Case No. 214 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T