Suraj Tiwary @ Bhutwa @ Suraj Kumar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24290 of 2024 Arising Out of PS. Case No.-245 Year-2023 Thana- CHARPOKHARI District- Bhojpur ====================================================== Suraj Tiwary @ Bhutwa @ Suraj Kumar Tiwari S/o Sanjay Tiwari R/o Village Dekura P.S. Charpokhari District Bhojpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Preety Kunwar, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Charpokhari P.S. Case No. 245 of 2023 instituted for the offence under Sections 341, 323, 307 & 34 of the Indian Penal Code. 3.

As per the prosecution case, co-accused, Manish Kumar has opened fired in the wedding procession on the order of the petitioner and one Sanjay Tiwary.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 07-12-2023. Petitioner has no criminal antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.24290 of 2024(2) dt.04-04-2024 2/2 case. It is submitted that there is no eye-witness to the occurrence and so far as allegation of giving order of firing is concerned, it is not given by the petitioner. There is no specific allegation attributed to the petitioner. There is general and omnibus allegation against the petitioner. It is lastly submitted that charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Charpokhari P.S. Case No. 245 of 2023.

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