Jiut Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45392 of 2021 Arising Out of PS. Case No.-258 Year-2019 Thana- CHENARI District- Rohtas ====================================================== Jiut Tiwari S/O Shashikant Tiwari R/O Village- Khaira, P.S.- Chenari, District- Rohtas ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-01-2022 Heard the learned counsel for the petitioner and the learned APP for the State through video conferencing. The petitioner seeks bail in connection with Chenari P. S. Case No.258 of 2019, instituted for the offences under Sections 341, 323, 448, 379, 504 and 506/ 34 of the Indian Penal Code and subsequently, charge-sheet has been submitted under Sections 341, 323, 447, 307, 506 and 504/ 34 of the I.P.C. The learned counsel for the petitioner submits that the petitioner is in custody since 19.02.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case.

Allegation as alleged in the F.I.R. is that the informant alleges that while he was returning from market when Jiut Tiwari (petitioner), Ankit Tiwari and Shashikant Tiwari stopped

Patna High Court CR. MISC. No.45392 of 2021(2) dt.05-01-2022 2/3 him and snatched his purchased articles and on protest by the informant, accused/ petitioner along with other assaulted him, but somehow the informant managed to escape and came to his house, but the accused persons chased him and entered into his house, assaulted him and took away Rs.2,000/- from his pocket. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the case due to previous enmity. No occurrence took place as alleged by the prosecution and there is a case and counter-case in between the parties and both sides have received injury and from perusal of the Annexure-2, it would manifest that the injures are lacerated wound on forehead vertex and swelling on back side of the informant.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner is in custody since 19.02.2021, he is a person with clean antecedent and charge-sheet has been submitted in the case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Mr. Himanshu Pandey, learned A.C.J.M., Sasaram, Rohtas in

Patna High Court CR. MISC. No.45392 of 2021(2) dt.05-01-2022 3/3 connection with Chenari P. S. Case No.258 of 2019. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T