Upendra Tiwari And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.52900 of 2017 (3) dt.06-12-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52900 of 2017 Arising Out of PS.Case No. -446 Year- 2017 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================
1. Upendra Tiwari, Son of Mahendra Tiwari,
2. Neelam Devi Wife of Upendra Tiwari,
3. Vishwaketu Kumar, S/o Upendra Tiwari
4. Chandre Ketu Kumar S/o Upendra Tiwary, All Petitioners are Resident of Village-Dudhpura, P.S.-Samastipur (Muffassil), Dist.-Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manish For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-12-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Muffasil Police Station Case No. 446 of 2017, disclosing offences under Sections 323, 341, 354(B), 448, 504, 506 and 34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that there is general and omnibus allegation against these petitioners and no specific overt act is attributed to them. In fact, there is land dispute between the parties and on account of that altercation took place and a case and counter has been lodged by
Patna High Court Cr.Misc. No.52900 of 2017 (3) dt.06-12-2017 both the parties. No injury report is available on record to support the allegation leveled against the petitioners. Hence, the petitioners deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with Muffasil Police Station Case No. 446 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T