Anmol Kumar Tiwari @ Bishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20290 of 2024 Arising Out of PS. Case No.-350 Year-2023 Thana- SURSAND District- Sitamarhi ====================================================== Anmol Kumar Tiwari @ Bishal Kumar Son of Sri Vishwajit Kumar Tiwari Resident of vill.-Radhaur, P.S.-Sursand, Distt.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vaidehi Raman Prasad Singh, Adv For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Sursand P.S Case No. 350 of 2023 dated 03.07.2023 registered for the offence punishable u/s 323, 307, 341, 347, 379, 504/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have assaulted the informant's brother (Sarvottam Raj) on his head by means of iron rod and spade causing head injury.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has two criminal antecedent as stated in

Patna High Court CR. MISC. No.20290 of 2024(2) dt.15-04-2024 2/2 para 3 of the bail petition. As per Annexure-3 it is submitted that the injuries are simple in nature. It is next submitted that there is a land dispute between the parties. The allegation against the petitioner is general and omnibus in nature.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, as well as the allegation being general and omnibus against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Pupri, in connection with Sursand P.S Case No. 350 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) jyoti/- U T