Sudhir Tiwari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71673 of 2018 Arising Out of PS. Case No.-240 Year-2018 Thana- KATEYA District- Gopalganj ======================================================

1. Sudhir Tiwari S/o Bed Beyash Tiwari

2. Bed Beyash Tiwari, S/o Late Rajesh Tiwari @ Rajeshwar Tiwari residents of Village- Ter Khemraj, P.S.- Kateya, DistrictGopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar @ Alok Kr Shahi For the Opposite Party/s :

Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-12-2018 The petitioners seek regular bail in connection with Kateya P.S. Case No. 240 of 2018, registered for offences punishable under Sections 341, 323, 324, 307, 308, 427, 379, 504/34 of the Indian Penal Code.

Allegation against the petitioners and others is of assault to the informant and others causing injuries to them. It has been submitted on behalf of the petitioners that they have falsely been made accused in this case on the background of land dispute and a title suit is also going on between the parties. Further there is case and counter case and although, there is allegation against the petitioners of assaulting the informant and others, however, the injury caused to the informant was found to be simple in nature and so far other injured are concerned, no injury report is available

Patna High Court Cr.Misc. No.71673 of 2018(2) dt.12-12-2018 2/2 on record. It has also been submitted that petitioners have no criminal antecedent and have been in judicial custody since 16.09.2018.

Learned counsel for the State and learned counsel for the informant opposed the prayer for bail. It has been submitted by learned counsel for the petitioner that in spite of direction to the petitioner by the authorities not to go on disputed land, he went there and assaulted the informant, while he was ploughing the field. As such, the petitioner does not deserve to be enlarged on bail.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -XV, Gopalganj, in connection with Kateya P.S. Case No. 240 of 2018, subject to the condition that petitioners will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunilkumar/- U T