Tona Tiwary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32741 of 2014 Arising Out of PS.Case No. -28 Year- 2014 Thana -AGIAUN BAZAR District- BHOJPUR ======================================================
1. Tona Tiwary son of Ashok Tiwary
2. Nigam Tiwary @ Nigam Kumar Tiwary son of Gopal Tiwary Both resident of village - Amehta, P.S. Agiaon Bazar, District - Bhojpur .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Siddharth Harsh For the Opposite Party/s : Mr. Ramshankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 09-02-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
Petitioners apprehend their arrest in connection with Agiaon Bazar P.S. Case No. 28 of 2014 registered under Section325 & other minor sections of the Indian Penal Code and Section3(i)(x) of SC/ST (Prevention of Atrocities) Act. According to prosecution case itself, the alleged occurrence took place on account of dispute, which had taken place in a Barat and therefore, application of provisions of SC/ST (Prevention of Atrocities) Act prima facie appears to be doubtful. There is allegation against petitioner No. 2 that he gave one Danda blow causing injury on the hand of the informant but from perusal of
Patna High Court Cr.Misc. No.32741 of 2014 (2) dt.09-02-2015 2/2 the impugned order of learned Sessions Judge, it appears that no injury report was collected by the I.O. in course of investigation. Taking into consideration the above-said facts and circumstances as well as submission of the parties and also taking note of this fact that co-accused, namely, Anku Tiwary has already been granted anticipatory bail by a bench of this court, the petitioners named-above, in the event of arrest or surrender in the court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Agiaon Bazar P.S. Case No. 28 of 2014 to the satisfaction of Sri Manoj Kumar, Judicial Magistrate, Bhojpur at Ara subject to conditions as laid down u/S 438(2) of the Cr. P.C. (Hemant Kumar Srivastava, J) A.K.V./- U T