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Patna High CourtCR. MISC./46327/2022allowed

Uttam Tiwari v. The State Of Bihar

2022-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46327 of 2022 Arising Out of PS. Case No.-105 Year-2022 Thana- AANDAR District- Siwan ====================================================== Uttam Tiwari Son Of Hridya Shankar Mani Tiwari Resident Of Village - JayJor, Police Station- Andar, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 34 of the Indian Penal Code.

The prosecution case in nutshell is that petitioner along with other co-accused person assaulted the son of informant. The allegation against petitioner is that he caught hold the informant's son.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that there is general

Patna High Court CR. MISC. No.46327 of 2022(2) dt.13-12-2022 2/2 and omnibus allegation levelled against the petitioner to only caught hold the informant's son. The specific allegation of assaulting by giving knife blow in the stomach of informant's son is against the co-accused, namely, Rupesh Tiwari. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- IV, Siwan in connection with Andar P.S. Case No. 105 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) nirajkrs/- U T