Vidhachal Tiwari @ Vindhyachal Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21624 of 2022 Arising Out of PS. Case No.-562 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== VIDHACHAL TIWARI @ VINDHYACHAL TIWARI S/o Late Sudama Tiwari R/o Village Patkhauli, P.S. Kumarbagh O.P., District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dr. Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-11-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 385, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that petitioner has antecedent of two cases.

The informant alleges that the accused persons including the petitioner intercepted him and on order of Himachal Shukla all the accused assaulted him by farsa, knife and sharp edged weapon causing injury on his back, thigh and

Patna High Court CR. MISC. No.21624 of 2022(2) dt.01-11-2022 2/3 palm. Further, Mansoor Mian assaulted the informant causing fracture of leg and took out Rs.5,000/- along with a golden chain. It is alleged that Adyawat Tiwary caught his nephew and Vindhyachal Tiwary threatened to pay Rs.2,00,000/- as extortion. Further, Akshay Shukla and Laddu Thakur stabbed his nephew causing injury on stomach and Vindhyachal Tiwary took out his mobile and on alarm accused persons fled away. It is further alleged that this petitioner while fleeing fired. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that on account of land dispute between the informant and Himachal Shukla the petitioner came to be implicated as he is known to Himachal Shukla.

It is next submitted that no specific allegation of assault is alleged against the petitioner. It is also submitted that petitioner has been falsely roped in the present case by alleging ornamental allegation of firing while fleeing when admittedly no injury on account of firing was suffered from the side of the informant. Learned A.P.P.

Patna High Court CR. MISC. No.21624 of 2022(2) dt.01-11-2022 3/3 assault against the petitioner and no injury on account of firing was suffered.

Considering the submissions made by the learned counsel for the petitioner, 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 Chanpatia P.S. Case No. 562 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T