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Patna High CourtCR. MISC./15907/2023bail granted

Prahalad Tiwari @ Prahalad Tiwary v. The State Of Bihar

2023-07-20Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15907 of 2023 Arising Out of PS. Case No.-923 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== Prahalad Tiwari @ Prahalad Tiwary, Son Of Shivji Tiwari Resident Of Village And Po- Bariswan Ps- Shahpur District- Bhojpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-07-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 354(B), 379, 504, 506, 34 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner has antecedent of two cases and the informant alleges that on account of dispute relating to land, Bipin Tiwari assaulted him by an iron rod causing fracture of left hand while Sanjesh Tiwari assaulted by knife causing injury on neck. They also took Rs.50,000/- from him and thereafter, they called other accused, who disrobed his wife.

4. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.15907 of 2023(3) dt.20-07-2023 2/2 petitioner has been falsely implicated in the present case. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that specific allegation of assault is against Bipin Tiwari and Sanjesh Tiwari and there is no allegation of committing any specific overt act against the petitioner.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six 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 the learned C.J.M., Bhojpur at Ara in connection with Ara Nawada P. S. Case No.923 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T