Anurag Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38264 of 2019 Arising Out of P.S. Case No.-136 Year-2018 Thana- GOPALPUR District- West Champaran ====================================================== 1.

ANURAG TIWARI, male, aged about 36 years, Son of Sri Awadh Tiwari @ Cherni Lal Tiwari Resident of Village - Tiwari Tola, P.S.- Gopalpur, Distt - West Champaran.

2.

Parag Tiwari, male, aged about 26 years, Son of Sri Awadh Tiwari @ Cherni Lal Tiwari Resident of Village - Tiwari Tola, P.S.- Gopalpur, Distt - West Champaran.

3.

Gopal Tiwari, male, aged about 25 years, Son of Sri Awadh Tiwari @ Cherni Lal Tiwari Resident of Village - Tiwari Tola, P.S.- Gopalpur, Distt - West Champaran.

... ... Petitioners

Versus

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

For the Petitioners :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-08-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 436/34 of the Indian Penal Code.

It is alleged that all the accused persons came at the tent house of the informant and set it on fire by sprinkling kerosene oil causing damage of Rs.50,000/-.

It is submitted on behalf of the petitioners that the petitioners have been falsely implicated in this case. It is submitted that the FIR has been lodged after eight days of the alleged occurrence without explanation. Petitioners have got no criminal antecedent. It is also submitted that the informant and

Patna High Court CR. MISC. No.38264 of 2019(3) dt.14-08-2019 2/2 his associates assaulted the petitioner no.1 and also took away household articles for which petitioner no.1 (Anurag Tiwary) filed Complaint Case No.1657C of 2018 which is pending in the Court of Judicial Magistrate, Ist Class, West Champaran. Considering the facts aforesaid, let the petitioners above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran/successor Court in connection with Gopalpur P.S.Case No.136 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Prabhat Kumar Singh, J) B.Kr./- U T