Kameshwar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6642 of 2021 Arising Out of PS. Case No.-242 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== 1.

Kameshwar Tiwari Son of Ramagya Tiwari Resident of Village - Chadrahiya, P.S. - Harsidhi, District - East Champaran. 2.

Diggaj Tiwari @ Anupam Rajan Son of Vashisht Tiwari Resident of Village - Chadrahiya, P.S. - Harsidhi, District - East Champaran. 3.

Tuntun Tiwari Son of Ramagya Tiwari Resident of Village - Chadrahiya, P.S. - Harsidhi, District - East Champaran.

4.

Vashisht Tiwari Son of Late Mathura Tiwari Resident of Village - Chadrahiya, P.S. - Harsidhi, District - East Champaran. 5.

Arun Tiwari Son of Ramagya Tiwari Resident of Village - Chadrahiya, P.S. - Harsidhi, District - East Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Informant :

Mr. Rajesh Kumar, Adv.

For the State :

Mr. Parmanand Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2021 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant. Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office. The petitioners are apprehending their arrest in connection with Harsidhi P.S. Case No. 242/2020 registered for the offences punishable under Sections 147, 148, 149, 447, 448,

Patna High Court CR. MISC. No.6642 of 2021(2) dt.06-12-2021 2/2 341, 323, 307, 379, 504 of the I.P.C.

It is alleged that the allegation against these petitioners armed with lethal weapons assaulted the informant. It is submitted by the learned counsel for the petitioners that there is general and omnibus allegation against all accused persons including these petitioners. It is further submitted that there is case and counter case between the parties in which both the parties have sustained injuries in the alleged crime.

Learned counsel appearing on behalf of the informant opposes the bail application.

In the facts and circumstances of the case, let the petitioners, above named, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Harsidhi P.S. Case No.242/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. ravishankar/- (Sunil Kumar Panwar, J) U T