← Library
Patna High CourtCR. MISC./30718/2019bail granted

Ajit Kumar Tiwary @ Munna Tiwary @ Ajit Kumar v. The State Of Bihar

2019-05-09Mr. Justice Prakash Chandra Jaiswal3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30718 of 2019 Arising Out of PS. Case No.-164 Year-2015 Thana- MADHAURAH District- Saran ====================================================== Ajit Kumar Tiwary @ Munna Tiwary @ Ajit Kumar Son of Arun Kumar Tiwary Resident of Village - Larampur Dumari, P.S.- Naya Gao, DistrictSaran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sharma For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 09-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered under Sections 147, 148, 149, 341, 323, 324, 325, 307 and 504 of the Indian Penal Code and Section 27 of the Arms Act.

On the order of Bashishth Singh, petitioner Munna Singh and Wakil Singh assaulted on the head of the informant by means of farsa while Bablu Singh assaulted on the back of the informant by means of iron rod inflicting fracture injury.

Patna High Court CR. MISC. No.30718 of 2019(2) dt.09-05-2019 2/3 It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He has no concern with the aforesaid occurrence. There is a case and counter case between the parties and also there is land dispute between them. Out of four injuries found on the persons of the informant, two are only on the head, out of which one has been opined by the doctor as grievous. But the assailant of the said injury is not ascertained as three persons including the petitioner are said to have assaulted on the head of the informant by means of farsa. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent. Co-accused namely Vakil Singh, Bablu Singh and Vashishtha Singh @ Bashist Singh have been enlarged on anticipatory bail by different co-ordinate Benches of this Court vide order dated 14.12.2018 and 04.01.2016 passed in Cr. Misc. Nos. 67906 of 2018 and 43914 of 2015 respectively.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like

Patna High Court CR. MISC. No.30718 of 2019(2) dt.09-05-2019 3/3 amount each to the satisfaction of the learned A.C.J.M.-VIII, Saran at Chapra in connection with Marhowrah P.S. Case No. 164 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) mantreshwar/- U T