Rohitas Kumar Tiwary @ Rahtosh Tiwary @ Mithu Tiwary @ Mithua Tiwary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34164 of 2015 Arising Out of PS.Case No. -8 Year- 2015 Thana -SC/ST PS District- GOPALGANJ ======================================================

1. Rohitas Kumar Tiwary @ Rahtosh Tiwary @ Mithu Tiwary @ Mithua Tiwary

2. Bablu Tiwary @ Mukesh Tiwary .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (Spl. Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-08-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 324, 354, 379, 504/34 of the Indian Penal Code and section 3(1) (x) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is alleged that when the informant was holding a meeting, the accused person entered into the school, assaulted and abused the informant by calling caste name.

It is submitted by learned counsel for the petitioner that for the occurrence of 21.01.2015 at 11:00 am, the FIR was registered on 22.01.2015 at 03:00 pm and there was land dispute

Patna High Court Cr.Misc. No.34164 of 2015 (2) dt.19-08-2015 2/2 going on between the parties from before. The SDO, Gopalganj by order dated 13.04.2015 recommended for initiation of proceeding under section 107 of the Cr.P.C between the parties. Considering the accusation being levelled in the background of land dispute and delayed lodging of the FIR, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Gopalganj in connection with Gopalganj SC/ST P.S. Case No.8 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T