Sanket Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40977 of 2023 Arising Out of PS. Case No.-109 Year-2021 Thana- DUMARIAGHAT District- East Champaran ====================================================== SANKET TIWARI SON OF NAWAL TIWARI RESIDENT OF VILLAGE DHANGARHA, PS- DUMARIYAGHAT, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Dr. Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-08-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 325, 354, 379, 504, 506 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.
4. The informant alleges that on account of dispute relating to filling of pit, the occurrence is alleged to have taken place where it is alleged that the accused persons assaulted the side of the informant and petitioner is alleged to have assaulted the informant with spade causing injury on head.
5. Learned counsel for the petitioner submits that both
Patna High Court CR. MISC. No.40977 of 2023(2) dt.04-08-2023 2/2 sides assaulted each other even from the side of the petitioner people got injured and the injury suffered by the informant is simple in nature which amply demonstrates that the petitioner never had any intention of committing any serious occurrence rather at the spur of the moment, the occurrence took place.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dumariyaghat P.S. Case No. 109 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Rishabh/- U T