Patna High CourtCR. MISC./38189/2023allowed

Vishal Tiwari v. The State Of Bihar

2023-08-30Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37876 of 2023 Arising Out of PS. Case No.-56 Year-2023 Thana- CHENARI District- Rohtas ====================================================== DHANANJAY TIWARI @ DHANU TIWARI Son of Kedar Tiwari Resident of Village - Tetari, P.S.- Chenari, District - Rohtas. ... ... petitioners/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 38189 of 2023 Arising Out of PS. Case No.-56 Year-2023 Thana- CHENARI District- Rohtas ====================================================== VISHAL TIWARI Son of Manoj Tiwari Resident of Village - Tetari, P.S.- Chenari, District - Rohtas.

... ... petitioners/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 37876 of 2023) For the petitioners/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Ashok Kumar Singh (In CRIMINAL MISCELLANEOUS No. 38189 of 2023) For the petitioners/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 302 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.37876 of 2023(3) dt.30-08-2023 2/3

3. As per prosecution case, the petitioners along with other accused persons assaulted the informant's mother with knife on instigation of co-accused Kedar Tiwari, as a result of which, the mother of the informant succumbed to injury.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to dirty village politics. They have committed no offence. There is general and omnibus allegation against these petitioners. There is no eye-witness and no consistent evidence has come against the petitioners to show their complicity in the present case. There is no specific overt act against these petitioners. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 21.08.2023 passed in Cr. Misc. No. 39335 of 2023. They are languishing in judicial custody since 18.03.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two

Patna High Court CR. MISC. No.37876 of 2023(3) dt.30-08-2023 3/3 sureties of the like amount each to the satisfaction of the learned Court below in connection with Chenari P.S. Case No. 56 of 2023.

(Sunil Kumar Panwar, J) arish/- U