Pankaj Tiwary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52630 of 2018 Arising Out of PS. Case No.-76 Year-2018 Thana- KORANSARAI District- Buxar ======================================================

1. Pankaj Tiwary Son of Baliram Tiwary

2. Nilam Tiwary Son of Baliram Tiwary

3. Gautam Tiwari Son of Baliram Tiwary

4. Lallu Tiwary Son of Ganesh Tiwary All Resident of VillageKoransarai, P.S. Koransasrai, District: Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2018 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant. The petitioners are apprehending their arrest in a case registered under Sections 147, 148, 149, 323, 341, 324, 307, 504, 506, 379 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the son, brother and nephew of the informant with lathi, danda, iron rod, due to which they sustained injuries.

It has been submitted on behalf of the petitioners that the petitioners No.3 and 4 have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court Cr.Misc. No.52630 of 2018(3) dt.01-11-2018 2/2 petitioners. The petitioners have falsely been implicated in the present case. The nature of injury is said to be superficial. The said injury report does not indicate whether the injuries are grievous in nature. Hence, no offence under Section 307 of the I.P.C. is made out. Rest of the offences are triable by the Magistrate.

On behalf of the State and learned counsel for the informant, it is submitted that the petitioners are named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-2, Buxar in connection with Koransarai P.S. case No.76 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T