Kanhaiya Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31059 of 2020 Arising Out of PS. Case No.-17 Year-2015 Thana- PANAPUR District- Saran ====================================================== 1.
KANHAIYA TIWARI S/o Awadh Bihari Tiwari Resident of Village - Rasauli (Imaliya Tola), P.S. - Panapur, District - Saran at Chapra. 2.
Tarun Tiwari @ Tarun Tiwary S/O Kanhaiya Tiwari Resident of Village - Rasauli (Imaliya Tola), P.S. - Panapur, District - Saran at Chapra. 3.
Navin Tiwari S/o Kanhaiya Tiwari Resident of Village - Rasauli (Imaliya Tola), P.S. - Panapur, District - Saran at Chapra. 4.
Sharwan Tiwari S/O Kanhaiya Tiwari Resident of Village - Rasauli (Imaliya Tola), P.S. - Panapur, District - Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jeetendra Narayan, Advocate.
For the Opposite Party/s :
Mr. Nityanand Tiwary, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-01-2021 Let the defects be removed within four weeks. Heard the parties.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 148, 149, 323, 324, 307, 354(B), 387, 388, 367 and 368/34 of the Indian Penal Code and Section 27 of the Arms Act. According to complaint based F.I.R., the petitioners who are agnates of the complainant allegedly
Patna High Court CR. MISC. No.31059 of 2020(2) dt.22-01-2021 2/3 kidnapped to Anuj Kumar to pressurize a compromise in the pending Sessions Trial.
Learned counsel for the petitioners submits that the occurrence allegedly took place on 09.11.2014, whereas all the witnesses of the occurrence were already examined in Sessions Trial No. 502 of 2008 and ultimately trial ended into acquittal vide judgment dated 22.12.2015.
Considering the background and nature of allegation, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Panapur P.S. Case No. 17 of 2015, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.
(b) The petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below
Patna High Court CR. MISC. No.31059 of 2020(2) dt.22-01-2021 3/3 shall be at liberty to cancel the bail bond of the petitioners. (c) The petitioners shall not leave the country without permission of the trial Court.
(Birendra Kumar, J) mantreshwar/- U T