Patna High CourtCR. MISC./15885/2017bail granted

Ram Suresh Tiwary v. The State Of Bihar

2017-07-06Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 15885 of 2017 Arising Out of PS.Case No. -235 Year- 2016 Thana -MANJHI District- SARAN ====================================================== Ram Suresh Tiwary S/o Late Ram Bricksh Tiwary, R/o village - Matiyar Tiwary Tola, P.S. Manjhi, District - Chapra .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Binod Murari Mishra For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

06-07-2017 Heard Sri Binod Murari Mishra, learned counsel for the petitioner and Smt. Anita Kumari Singh, learned Addl. Public Prosecutor.

The petitioner, apprehending his arrest in Manjhi P.S. Case No. 235 of 2016 registered for offence under Sections 341, 323, 324, 307, 379, 504/34 of the Indian Penal Code, has prayed for grant of bail, primarily on the ground that informant side of the present case were aggressor and they had assaulted the petitioner and on the basis of report given by the petitioner, earlier a case, vide Manjhi P.S. Case No. 232 of 2016, was registered on 06-10-2016. After two days of lodging of F.I.R., which was lodged as per instance of the petitioner, the present case i.e. Majhi P.S. Case No. 235 of 2016 was got registered on 08-10-2016 and

Patna High Court Cr.Misc. No.15885 of 2017 (3) dt.06-07-2017 2/2 to give colour of seriousness, Section 307 of the Indian Penal Code was added, whereas, injury alleged was found simple in nature. He submits that there is old dispute in between the petitioner and informant side.

Considering the fact that there was case and counter case in between the parties and from petitioner's side, case was registered earlier as well as nature of accusation, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Ram Suresh Tiwary be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Manjhi P.S. Case No. 235 of 2016, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) Anay U T