Himanshu Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43518 of 2025 Arising Out of PS. Case No.-19 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== 1.

Himanshu Tiwari S/O Late Ashok Tiwari Resident of Village- Banarpur, Akhauripur Gola, P.S- Buxar Muffasil, District- Buxar. 2.

Dilip Kumar Singh S/O Late Bachan Singh @ Late Lalabachan Singh Resident of Village- Banarpur, Akhauripur Gola, P.S- Buxar Muffasil, District- Buxar.

3.

Abhay Kumar Singh @ Tantu Singh S/O Vijay Singh Resident of VillageBanarpur, Akhauripur Gola, P.S- Buxar Muffasil, District- Buxar. 4.

Narendra Tiwari S/O Late Chandradeep Tiwari Resident of VillageBanarpur, Akhauripur Gola, P.S- Buxar Muffasil, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Pradhan, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Buxar Muffasil P.S. Case No. 19 of 2023 instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 427, 435, 436, 153 of the Indian Penal Code.

3. Prosecution story, in short, is that, mob of around 250 persons came at the gate of Bihar Thermal Power Plant and raised slogans against local administration and restrained labourers and workers to enter the factory.

Patna High Court CR. MISC. No.43518 of 2025(2) dt.01-07-2025 2/3

4. Learned counsel for the petitioners submitted that petitioners are innocent and have committed no offence as alleged in the FIR and have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against these petitioners. No specific overt act is alleged against these petitioners. Learned counsel further submitted that petitioners have no concern with the alleged occurrence and they were not even present at the place of occurrence when the alleged occurrence took place. It has been submitted on behalf of the petitioners that petitioner nos. 1 and 2 have two criminal antecedents each, petitioner no. 3 has three criminal antecedents whereas petitioner no. 4 has nine criminal antecedents. The coaccused persons have already been granted bail by this Court vide order dated 10.12.2024 passed in Cr. Misc. No. 85614 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest/surrender before the Court below within a period of six weeks from today, be released on anticipatory bail on furnishing

Patna High Court CR. MISC. No.43518 of 2025(2) dt.01-07-2025 3/3 bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Buxar Muffasil P.S. Case No. 19 of 2023 , subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T