Amarnath Kumar @ Amarnath Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32024 of 2019 Arising Out of PS. Case No.-30 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== 1.

AMARNATH KUMAR @ AMARNATH TIWARI Son of Subhash Tiwari Resident of Village - Chakta Ulla Bakarpur, P.S.- Hajipur Sadar, DistrictVaishali 2.

Ashim Tiwari Son of Late Kalika Tiwari Resident of Village - Chakta Ulla Bakarpur, P.S.- Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2019 Heard learned counsel for the parties.

Petitioners are apprehending their arrest in connection with Hajipur Sadar P.S.Case no.30 of 2019 , registered for offences punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.

FIR discloses that there is dispute between the parties with respect to drainage and the petitioner no.1 and other accused persons filled the drainage and they also threatened the informatmant. It is also alleged that while he was going to his house from Hajipur, the accused persons including the petitioners surrounded him and abused him and the allegation

Patna High Court CR. MISC. No.32024 of 2019(2) dt.25-07-2019 2/2 is against Prem Tiwari that he assaulted by rod on head causing injury and thereafter all the accused persons assaulted by fists and slaps and snatched Rs.35,000/- from his pocket. Submission of the learned counsel for the petitioners is that no specific allegation has been attributed against the petitioners rather the specific allegation is against one Amrendra Tiwary of assault by Sawal and furthermore FIR itself discloses that the dispute is with respect to drainage. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Hajipur in connection with Hajipur Sadar P.S.Case No.30 of 2019, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T