Ashwini Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72795 of 2018 Arising Out of PS. Case No.-165 Year-2018 Thana- RAJIVNAGAR District- Patna ====================================================== ASHWINI TIWARY, aged about 28 years, Son of Chandra Mohan Tiwary, Resident of Rajeev Nagar, Road no.8 B, Police Station-Rajeev Nagar, District-Patna.
... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Umesh Kumar Singh, Advocate.
For the Opposite Party :
Mr. Ram Priya Saran Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 28.05.2018 in a case for the offence registered under Sections 341, 323, 324, 307, 302 and 504 of the IPC.
The prosecution story, in brief, is that the shop keeper Chandra Mohan Tiwari and his son Ashwini and other some unknown persons caught hold the brother of the informant Punit Sah. Chandra Mohan Tiwari and his son Ashwini gave knife blow on his stomach and chest. He fell down on earth and started bleeding. The associate of both person also assaulted the informant. After occurrence they fled away. The informant brought his brother in P.M.C.H., Patna, but doctor declared dead.
It has been submitted by learned counsel for the
Patna High Court CR. MISC. No.72795 of 2018(5) dt.22-04-2019 2/2 petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. As per the statement of the witnesses who claim to be eye witnesses to the occurrence, the main allegation is against co-accused Chandra Mohan Tiwari who is alleged to have assaulted the deceased with knife. The said statement of the witnesses are in paragraph nos. 24, 25, 26, 27, 32 and 44 of the case diary. There is no allegation of assault being made by the petitioner by knife as per eye witnesses. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned A.C.J.M.- III, Patna, in connection with Rajeev Nagar P.S. Case No. 165 of 2018.
U.K./- (Sudhir Singh, J) U T