Jageshwar Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33871 of 2024 Arising Out of PS. Case No.-168 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== Jageshwar Tiwari (M), aged about 41 years, Son of Late Mando Tiwari, Resident of Village - Bahilwra Khormpur, P.S. - Saraiya, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 18-09-2024 Heard Mr. Vijay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Ganesh Prasad Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Saraiya P.S. Case No. 168 of 2023, registered for the offence punishable under Sections 447, 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.
3. As per the allegation made in the FIR, petitioner along with other accused persons, had assaulted the informant on the occasion of Holi festival.
4. Learned counsel appearing on behalf of the petitioner submitted that on the occasion of Holi festival, while the petitioner was playing colour with the informant had
Patna High Court CR. MISC. No.33871 of 2024(3) dt.18-09-2024 2/3 sustained injury, who, himself, was in drunken condition. Both the parties are agnates and the allegation levelled against the petitioner is frivolous. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail and submitted that it would appear from the impugned order that informant is still undergoing treatment at S.K.M.C.H, Muzaffarpur, and the injury being on the vital part of the body, the bail application of the petitioner is fit to be rejected.
6. Having considered the rival submission made on behalf of the parties, as well as, the fact that it is admitted by the petitioner that on the occasion of Holi, they were playing colour with each other and in the said course, the informant had sustained injury. From perusal of the impugned order, I find that learned District Court has not verified from the records, as to whether, the injury sustained by the informant is simple in nature, however, it has been recorded that the informant was undergoing treatment at S.K.M.C.H, Muzaffarpur, on 05.04.2023.
7. Learned District Court is directed to verify the injury report of the informant and if the injury sustained by the
Patna High Court CR. MISC. No.33871 of 2024(3) dt.18-09-2024 3/3 informant found to be simple in nature, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- IV (West), Muzaffarpur, in connection with Saraiya P.S. Case No. 168 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T