Dhiraj Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26983 of 2024 Arising Out of PS. Case No.-19 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Dhiraj Tiwari S/O Mangla Tiwari R/O Village- Banarpur, P.S- Buxar (Muffasil), Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Buxar (M) P.S. Case No. 19 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 427, 435, 436 & 153 of the Indian Penal Code. 3.

Prosecution case in short is that approximately mob of 250 persons came at the gate of Bihar Thermal Power Plant and raised slogan against local administration and restrained labourers and workers to enter into the factory. 4.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.26983 of 2024(3) dt.17-05-2024 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. It is thus submitted that whenever the petitioner along with other used to protest they came to be implicated in one or the other case which have been detailed at para- 3 of the anticipatory bail application. It is further submitted that in the instant case also the petitioner has been implicated along with 250 people, alleging that they were protesting against STPL and local administration. It is next submitted that co-accused has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 09-04-2024, passed in Cr. Misc. No. 19515 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Buxar (M)

Patna High Court CR. MISC. No.26983 of 2024(3) dt.17-05-2024 3/3 P.S. Case No. 19 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T