Yogendra Tiwari @ Chhote Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35806 of 2025 Arising Out of PS. Case No.-148 Year-2024 Thana- HATHUA District- Gopalganj ====================================================== Yogendra Tiwari @ Chhote Tiwari Son of Late Awadesh Tiwari Resident of Village - Hathwa @ Hathya, P.S.- Hathwa @ Hathua, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Harshvardhan, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Hathua P.S. Case No. 148 of 2024 instituted for the offence under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code. Earlier vide order dated 12-09-2024, passed in Cr. Misc. No. 59290 of 2024, anticipatory bail of the petitioner was rejected.

3.

Over a dispute of land, petitioner allegedly assaulted cousin of the informant, namely, Vipin Pandey by means of iron rod.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25-10-2024. Petitioner

Patna High Court CR. MISC. No.35806 of 2025(3) dt.14-07-2025 2/2 bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Charge sheet is submitted in this case. From perusal of the FIR, it would reveal that there is long standing land dispute between the parties. So far as allegation against the petitioner of assaulting Vipin Pandey by means of iron rod is concerned, the doctor has opined the injury being simple in nature. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and injury being simple in nature, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hathua P.S. Case No. 148 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T