Chhotelal Tiwary @ Chhote Tiwary @ Chottelal Tiwary And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.51780 of 2017 (2) dt.13-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51780 of 2017 Arising Out of PS.Case No. -225 Year- 2017 Thana -CHAINPUR District- BHABHUA (KAIMUR) ======================================================

1. Chhotelal Tiwary @ Chhote Tiwary @ Chottelal Tiwary,

2. Tej Bahadur Tiwary Both Sons of Sri Gayatri Tiwary,

3. Ritesh Tiwary, Son of Sri Tej Bahadur Tiwary,

4. Bipin Tiwary S/o Chhotelal Tiwary, All R/o Village- Jagaria, P.S.- Chainpur, District- Kaimur at Bhabua.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Garg, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-11-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 04.09.2017 in connection with Chainpur P.S. Case No. 225 of 2017 for the alleged offences under Sections 323, 341, 307, 324, 354, 504, 506/34 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated and there is case and counter case between the parties. Injuries said to have been sustained by Vikas Tripathi and Abhinav Tripathi are simple in nature. The petitioners claim clean antecedents. The petitioner no. 1 is on bail in the only other case in which he is made accused.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned A.C.J.M. 2nd, Kaimur at Bhabua in connection

Patna High Court Cr.Misc. No.51780 of 2017 (2) dt.13-11-2017 with Chainpur P.S. Case No. 225 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T