Ram Kishore Tiwari @ Ram Kishore Tiwiari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39767 of 2020 Arising Out of PS. Case No.-85 Year-2020 Thana- PATAHI District- East Champaran ====================================================== RAM KISHORE TIWARI @ RAM KISHORE TIWIARI Son of Akhileshwar Tiwari @ Mankeshwar Tiwari Resident of Village- Parsauni Kapoor, P.S.- Patahi, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Singh For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-11-2021 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.
The petitioner is apprehending his arrest in a case registered under Sections 147, 149, 341, 447, 323, 324, 337, 307, 379 and 504 of the Indian Penal Code.
The prosecution allegation, in short, is that on trivial issue, the accused persons assaulted the informant and family members due to which they sustained injuries.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner
Patna High Court CR. MISC. No.39767 of 2020(2) dt.16-11-2021 2/2 has falsely been implicated in the present case. There is a case and counter case between the parties. A free fight is alleged to have taken place. The injury on the accused side has not been explained by the prosecution. The prosecution has not come with clean hands. The nature of injury is said to be simple. Hence, no offence under Section 307 IPC is made out.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve 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 Chief Judicial Magistrate, East Champaran at Motihari in connection with Patahi P.S. Case No. 85/2020, G.R. Case No. 3669/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T