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Patna High CourtCR. MISC./42381/2023allowed

Sudhir Kumar Tiwary @ Sudhir Tiwary v. The State Of Bihar

2023-11-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42381 of 2023 Arising Out of PS. Case No.-600 Year-2022 Thana- PATRAKARNAGAR District- Patna ====================================================== Sudhir Kumar Tiwary @ Sudhir Tiwary S/O- Late Janardan Tiwary R/O- K511, Hanuman Nagar, Ps- Patrakar Nagar, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Anand For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 342, 323, 324, 307, 452/34 of the Indian Penal Code.

3. Petitioner is said to have assaulted the informant by means of knife on his stomach.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to property dispute. He submits that there is specific allegation of knife blow against co-accused Shivam Tiwari and his two unknown friends. He submits that the informant was in drunken condition and due to that he had received some injuries elsewhere. He submits that there is no specific overt act against the petitioner. He further submits that petitioner has no

Patna High Court CR. MISC. No.42381 of 2023(5) dt.30-11-2023 2/2 criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Patrakar Nagar P.S. Case No. 600 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T