Angad Tiwari @ Angat Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40805 of 2022 Arising Out of PS. Case No.-2 Year-2017 Thana- PIPRAKOTHI District- East Champaran ====================================================== ANGAD TIWARI @ ANGAT TIWARI Son of Late Kalbal tiwari Resident of village - Bangra, (Bangari), P.S.- Pipra Kothi, District - East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Santosh Kumar Tiwari Son of Kalbal Tiwari Resident of village - Bangra, (Bangari), P.S.- Pipra Kothi, District - East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar No.1, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP.

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 341, 342, 323, 307, 379, 504, 506, 34 of IPC.

Allegedly, on account of some altercation, the accused persons named in F.I.R. including the petitioner assaulted the informant. The petitioner is said to have given knife blow on informant's head and neck.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.40805 of 2022(2) dt.24-11-2022 2/3 that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to land dispute. No such occurrence, in the manner as alleged, has ever taken place. It is further submitted that petitioner is the full brother of informant. There is land dispute between the parties. Later on, an amicable settlement has been arrived at between the parties. No grievance remains between the parties. Though the allegation against petitioner is of assaulting the informant by means of knife but as per the injury report, the injury is simple in nature, which is also clear from the impugned order. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since an amicable settlement has taken place between the parties, 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 six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the

Patna High Court CR. MISC. No.40805 of 2022(2) dt.24-11-2022 3/3 case is pending/Successor Court in connection with Pipra Kothi P.S. Case No.02 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T