Patna High CourtCR. MISC./40008/2017bail granted

Awanish Tiwari v. The State Of Bihar

2017-08-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40008 of 2017 Arising Out of PS.Case No. -105 Year- 2015 Thana -PALANWA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Awanish Tiwari S/o Satrudhan Tiwari R/O Jaithpur, P.S.- Palanwa, Dist.- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhannjay Kumar No 2 For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2017 Heard the parties.

The petitioner seeks regular bail in connection with Palanwa P.S.Case No.105 of 2015 , registered for offences punishable under Sections 341, 323, 325, 504, 307/34 of the Indian Penal Code.

Allegation against the petitioner is of assault causing some injuries.

Submission of the learned counsel for the petitioner is that there is a case and counter case between the parties and the injuries are simple in nature. Now in this case, the petitioner has been remanded in custody for about 1 1⁄2 months. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.40008 of 2017 (2) dt.23-08-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri K.K. Shukla, J.M., Raxaul at Motihari East Champaran in connection with Palanwa P.S.Case No.105 of 2015.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T