Tarun Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18155 of 2023 Arising Out of PS. Case No.-302 Year-2022 Thana- BASANTPUR District- Siwan ====================================================== 1.

TARUN TIWARI S/O RAJ KUAMR TIWARI Resident of Village- Jagatpur Tiwari Tola, P.S.- Basantpur (O.P. Lakari Nabi Ganj), District- Siwan. 2.

ROHIT TIWARI S/O RAJ KUMAR TIWARI Resident of Village- Jagatpur Tiwari Tola, P.S.- Basantpur (O.P. Lakari Nabi Ganj), District- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rananjay Kumar, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 302, 120(B) of the Indian Penal Code. The informant alleges that petitioner no. 2 along with Prabhu Tiwari caught hold of the deceased and Hari Tiwari and Rohit Tiwari assaulted his son, it is next alleged Hari Tiwari assaulted on neck by a tangi and Tarun Tiwari assaulted on left wrist causing injury.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent. It is next

Patna High Court CR. MISC. No.18155 of 2023(3) dt.22-06-2023 2/2 submitted that there is no specific allegation of assault against Rohit Tiwari i.e., petitioner no. 2.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that the victim died during the course of treatment and the specific allegation of assault is against petitioner no. 1, it is further submitted that had Rohit not caught the deceased perhaps the deceased could have saved his life.

Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioners.

(Satyavrat Verma, J) GauravSinha/- U T