Guddu Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23796 of 2019 Arising Out of PS. Case No.-103 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== GUDDU TIWARI, Son of Prahlad Tiwari, Resident of Mohalla-Karanmetha, P.S.-Bettiah (Muffasil), District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Archana Jha For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-04-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bettiah Muffasil Police Station Case No. 103 of 2018, disclosing offences under Sections 324/307/506/34 of the Indian Penal Code.

The informant's brother is said to have received one fire-arm injury, caused by indiscriminate firing by the miscreants. There is no allegation in the First Information Report that the petitioner had participated in the act of indiscriminate firing. It is alleged in the First Information Report that the petitioner had threatened the informant's brother

Patna High Court CR. MISC. No.23796 of 2019(2) dt.12-04-2019 2/3 of dire consequences if he did not get a criminal case, arising out of Bettiah Muffasil Police Station Case No. 492 of 2017, compromised, pending between him and other persons, who are named in the First Information Report.

In the background of the nature of accusation, learned Counsel for the petitioner has submitted that the prosecution version is malicious and in any case, it is based on suspicion and nothing else.

Considering the above, this application is allowed. Let the petitioner, Guddu Tiwari, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, West Champaran, at Bettiah, in connection with Bettiah Muffasil Police Station Case No. 103 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail

Patna High Court CR. MISC. No.23796 of 2019(2) dt.12-04-2019 3/3 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √