Gajendra Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17889 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== 1.

GAJENDRA TIWARI Son of Late Shiv Prasan Tiwari R/o villageBishunpur, P.S.- Nainizore, District- Buxar 2.

Diwakar Tiwari @ Dewalar Tiwari Son of Gajendra Tiwari R/o villageBishunpur, P.S.- Nainizore, District- Buxar 3.

Atrimuni Tiwari @ Atramuni Tiwari Son of Gajendra Tiwari R/o villageBishunpur, P.S.- Nainizore, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Nath For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 341, 323, 504, 332, 333, 307, 353 and 34 of the Indian Penal Code.

The prosecution case in short is that when the informant along with police party reached the place of occurrence, the accused persons assaulted on them due to which they sustained injuries.

It has been submitted on behalf of the petitioner that the petitioners are in custody since 25.1.2019. There is no

Patna High Court CR. MISC. No.17889 of 2019(3) dt.16-05-2019 2/2 allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioners have falsely been implicated in the present case. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Brahampur (Nainizore O.P.) P.S. Case No. 13 of 2019. (Sudhir Singh, J) Pankaj/- U T