Dinesh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32972 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- KATEYA District- Gopalganj ====================================================== Dinesh Tiwari S/o Late Ramadhar Tiwari R/o Sakin-Karkataha, Ward No. 9, P.S.- Kateya, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP Mr. Satyendra Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 22-05-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kateya P.S. Case No. 54 of 2025, instituted under Sections 126(2), 115(2), 118(1), 109(1), 74, 303(2), 351(2), 352, 3(5) of the Bharatiya Nayaya Sanhita, 2023.

3. As per the prosecution case, on the alleged date of occurrence when informant was getting the boundary wall broken, made on his land, F.I.R. named accused persons including the petitioner armed with Lathi, Danda and iron rod came and stopped to break the boundary wall. When the informant and his daughter-in-law protested, the accused persons along with petitioner assaulted the informant and his

Patna High Court CR. MISC. No.32972 of 2025(2) dt.22-05-2025 2/3 dauther-in-law. Petitioner and his wife are alleged to have taken away Rs. 50,000/- of the informant kept in the Godrej.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to land dispute. Petitioner and informant are full brother and with respect to the dispute of boundary some altercation took place between the parties in which both the parties got injured. Injuries on the injured are simple in nature. Petitioner has four criminal antecedents out of which in two cases final form has been submitted and in two cases he is on bail. Petitioner undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submission of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Gopalganj in connection with Kateya P.S. Case No. 54 of 2025, subject to the conditions laid down in Section

Patna High Court CR. MISC. No.32972 of 2025(2) dt.22-05-2025 3/3 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J.) rakhi/- U T