Sonu Tiwari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49402 of 2018 Arising Out of PS.Case No. -38 Year- 2018 Thana -DAUDPUR District- SARAN ======================================================

1. Sonu Tiwari, Son of Chandeshwar Tiwari

2. Vikash Tiwari, Son of Awadesh Tiwari

3. Parmatma Tiwari, Son of Late Jagarnath Tiwari

4. Golu Kumar Tiwari @ Dhiraj Kumar @ Golu Tiwari, Son of Parmatma Tiwari

5. Bholu Tiwari @ Niraj Tiwari @ Bhola Tiwari, Son of Parmatma Tiwari

6. Ajay Tiwari @ Ajay Kumar Tiwari, Son of Chandrika Tiwari

7. Vijay Tiwari @ Vijay Kumar Tiwari, Son of Chandrika Tiwari, all resident of Village- Jaitpur, Police Station- Daudpur, District- Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anita Kumari Singh, Advocate For the Opposite Party/s : Smt. Veena Kumari Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Daudpur P.S.Case No. 38 of 2018, registered for offences punishable under Sections 147, 148, 149, 323, 324, 325 and 307 of the Indian Penal Code.

As per F.I.R., allegation against the petitioners is that the petitioners along with other co-accused persons were plucking potato from the field of the informant, upon which the informant and others made protest then they were assaulted the informant and his family members, causing injuries and also snatched the mobile and golden chain from the son of the informant. Submission of the learned counsel for the petitioners is

Patna High Court Cr.Misc. No.49402 of 2018 (2) dt.28-08-2018 2/2 that the petitioners have been falsely implicated in this case and there is a case and counter case in between the parties and the land belongs to the petitioners and the petitioners were paying rent to the Government. It is further submitted that there is no specific allegation of overt act against the petitioners and the injuries are found on the person is simple in nature and not on the vital part of the body.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of Sri R.M. Tiwari, learned Judicial Magistrate, 1st class, Saran at Chapra in connection with Daudnagar P.S.Case No. 38 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (Vinod Kumar Sinha, J) Sudha/- U T