Jag Narayan Tiwari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47182 of 2018 Arising Out of PS.Case No. -25 Year- 2018 Thana -IMADPUR District- BHOJPUR ======================================================

1. Jag Narayan Tiwari,

2. Dhirendra Tiwari Both S/o Lalan Tiwary, R/o Vill.- Bearain, P.S.- Imadpur, District- Bhojpur at Arrah.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Imadpur P.S.Case No.25 of 2018 , registered for offences punishable under Sections 341, 323,325, 307, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioners is of assault to the informant.

Submission of the learned counsel for the petitioners is that the petitioner no.1 is a patient of HIV and no specific allegation has been attributed against the petitioner no.1 and there is case and counter case between the parties and four persons have received injuries from the informant's side whereas three persons have received injuries from the petitioners' side, out of five injuries,two

Patna High Court Cr.Misc. No.47182 of 2018 (2) dt.14-08-2018 2/2 are simple in nature and opinion on some of the injuries has been kept reserved..

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, so far considering the fact that petitioner no.1 (Jag Narayan Tiwari) is a patient of HIV, let the petitioner no.1 in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Bhojpur, Ara in connection with Imadpur P.S.Case No.25 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

So far petitioner no.2 (Dhirendra Tiwari) is concerned, he is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit.

With the aforesaid direction, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U T