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Patna High CourtCR. MISC./52305/2024allowed

Sonu Kumar @ Sonu Kumar Tiwari v. The State Of Bihar

2024-08-28Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52305 of 2024 Arising Out of PS. Case No.-142 Year-2024 Thana- CHENARI District- Rohtas ====================================================== 1.

Sonu Kumar @ Sonu Kumar Tiwari Son of Ramayan Tiwari, Resident of Village - Bensil, P.O. - Chandrakaihti, P.S. - Chenari, District - Rohtas, Bihar 2.

Badan Tiwari @ Mintu Tiwari Son of Ramayan Tiwari, Resident of Village - Bensil, P.O. - Chandrakaihti, P.S. - Chenari, District - Rohtas, Bihar 3.

Gauri Shankar Tiwari Son of Jaga Tiwari, Resident of Village - Bensil, P.O. - Chandrakaihti, P.S. - Chenari, District - Rohtas, Bihar 4.

Dhanteshwar Tiwari Son of Ramayan Tiwari, Resident of Village - Bensil, P.O. - Chandrakaihti, P.S. - Chenari, District - Rohtas, Bihar 5.

Shrikant Tiwari Son of Ramayan Tiwari, Resident of Village - Bensil, P.O. - Chandrakaihti, P.S. - Chenari, District - Rohtas, Bihar 6.

Usha Kunwar Wife of Ramayan Tiwari, Resident of Village - Bensil, P.O. - Chandrakaihti, P.S. - Chenari, District - Rohtas, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners apprehend their arrest in connection with Chenari P.S. Case No.142 of 2024 instituted under Sections 341, 323, 307, 504, 506, 325 and 34 of the Indian Penal Code.

3. As per prosecution case, the allegation against the petitioners is that they have assaulted the informant and his son causing injury to them.

Patna High Court CR. MISC. No.52305 of 2024(2) dt.28-08-2024 2/2

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. Both parties are gotias. There is case and counter case between the parties. The injuries caused to the injured are simple in nature. The allegation against the petitioners is not corroborated with the medical evidence. Petitioners have no criminal antecedent and they undertake to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners 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 A.C.J.M., Rohtas in connection with Chenari P.S. Case No.142 of 2024, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Harish/- U T