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Patna High CourtCR. MISC./31175/2023bail granted

Shailendra Tiwari v. The State Of Bihar

2023-07-07Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31175 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- BIHIA District- Bhojpur ====================================================== 1.

SHAILENDRA TIWARI S/O SHRI RAJESHWAR TIWARI RESIDENT OF VILLAGE TEGHRA POST BIHIYA CHOURASTA PS BIHIYA DISTRICT BHOJPUR, BIHAR 802154 2.

KAMLESH TIWARI @ KAMLESH KUMAR TIWARI S/O SHRI RAJESHWAR TIWARI RESIDENT OF VILLAGE TEGHRA POST BIHIYA CHOURASTA PS BIHIYA DISTRICT BHOJPUR BIHAR 802154 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mani Lal Mahto, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-07-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 353, 332, 333, 504, 506 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. The informant a police officer alleges that petitioners created obstruction in discharge of official duty along with several accused persons when they had gone for checking the vehicles in the evening.

Patna High Court CR. MISC. No.31175 of 2023(2) dt.07-07-2023 2/2 Learned counsel for the petitioners submits that petitioners have been falsely implicated as the police was not instituting an FIR of the petitioner no. 1 as he was assaulted by them which led to an occurrence. It is further submitted that even the allegations are general and omnibus in nature. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bihiya P.S. Case No. 34 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T