Bijay Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42400 of 2014 Arising Out of PS.Case No. -78 Year- 2008 Thana -MANIHARI District- KATIHAR ====================================================== Bijay Tiwari S/o Late Barmeshwar Tiwari, R/o-Vill.-Muzwar Tal, P.S.- Manihari, District-Katihar .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party : Mr. Tarun Pd.Mandal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 04-03-2015 Heard learned counsel for the petitioner and learned counsel representing the State.
The petitioner apprehends his arrest in connection with Manihari P.S. Case No. 78/2008 for offences punishable under Sections 147, 148, 149, 342, 384, 385, 308, 506, 504 I.P.C. Allegedly, when the informant went to harvest his paddy crop they were threatened by the petitioner and by another co-accused person, ransom was demanded.
Submission is that all the offences are bailable except offence under Sections 308 and 384 I.P.C., which is not applicable against the petitioner. There is no specific allegation of committing assault or demanding extortion. No injury has been caused on the person of the informant and there is bona fide land dispute between the informant and co-accused, Sudama Thakur.
Patna High Court Cr.Misc. No.42400 of 2014 (2) dt.04-03-2015 2 / 2 However, the case has been compromised between the parties and the petitioner could not appear earlier only due to ailment to which the learned A.P.P. opposes.
Considering that against the petitioner there is no specific allegation and as such the above named, petitioner in case of arrest or surrender within two months from receipt of the copy of the order or production of the same shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned court of C.J.M., Katihar in connection with Manihari P.S. Case No.78/2008, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J.) Kamlesh U T