Santosh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28833 of 2019 Arising Out of PS. Case No.-321 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

Santosh Tiwari, Male, age 32 years, Son of Gauri Shankar Tiwari, 2.

Manoj Tiwari @ Manoj Tiwiari @ Manoj Kr. Tiwari, male, age 40 years, Son of Gauri Shankar Tiwari, 3.

Gauri Shankar Tiwari, male, age 72 years, Son of Late Rajendra Tiwari, 4.

Prince Kumar @ Prince Kr. Tiwari, male, age 18 years, Son of Sanjay Tiwari All Residents of Village - Babhanauli, P.S.- Govindganj, District - East Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 325, 307, 337, 427 and 338/34 of the Indian Penal Code. Learned counsel for the petitioners submitted that as per FIR on 28.10.2018 at about 8:00 a.m. the informant came to his door step after harvesting his paddy crops then in the meanwhile these petitioners alongwith other co-accused persons arrived there while forming an unlawful assembly and during the course of hot talk they assaulted him with lathi, danda, on his head and the wrist of the hand. The accused persons also assaulted the persons namely Sanjeet

Patna High Court CR. MISC. No.28833 of 2019(3) dt.17-07-2019 2/2 Tiwari, Narendra Tiwari, Anil Tiwari and Shailendra Tiwari. Learned counsel further submits that petitioners have no criminal antecedent except the present case. There is general and omnibus allegation against the petitioners and the informant and other injured persons have sustained simple injury. There is land dispute between both the parties and the case of counter case. Let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.

10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Govindganj P.S. Case No. 321 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Anjani Kumar Sharan, J) amitkumar/- U T