Surendra Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6615 of 2021 Arising Out of PS. Case No.-110 Year-2020 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== 1.

SURENDRA TIWARI S/O RAMCHANDRA TIWARI RESIDENT OF VILLAGE ITAHI, P.S.-KUDRA, DISTRICT-KAIMUR AT BHABUA. 2.

KAMALA TIWARI S/O RAMCHANDRA TIWARI RESIDENT OF VILLAGE ITAHI, P.S.-KUDRA, DISTRICT-KAIMUR AT BHABUA. 3.

YOGENDRA TIWARI S/O LATE RAMJEE TIWARI RESIDENT OF VILLAGE ITAHI, P.S.-KUDRA, DISTRICT-KAIMUR AT BHABUA. 4.

BINDESHWARI TIWARI S/O LATE RAMJEE TIWARI RESIDENT OF VILLAGE ITAHI, P.S.-KUDRA, DISTRICT-KAIMUR AT BHABUA. 5.

MRIGENDRA TIWARI S/O SURENDRA TIWARI RESIDENT OF VILLAGE ITAHI, P.S.-KUDRA, DISTRICT-KAIMUR AT BHABUA. 6.

NAGENDRA TIWARI S/O SURENDRA TIWARI RESIDENT OF VILLAGE ITAHI, P.S.-KUDRA, DISTRICT-KAIMUR AT BHABUA. 7.

RAMASHANKAR TIWARI S/O LATE RAM KUWAR TIWARI RESIDENT OF VILLAGE ITAHI, P.S.-KUDRA, DISTRICT-KAIMUR AT BHABUA.

8.

GAURISHANKAR TIWARI S/O LATE RAM KUNWAR TIWARI RESIDENT OF VILLAGE ITAHI, P.S.-KUDRA, DISTRICT-KAIMUR AT BHABUA.

9.

DHIRAJ TIWARI S/O YOGENDRA TIWARI RESIDENT OF VILLAGE ITAHI, P.S.-KUDRA, DISTRICT-KAIMUR AT BHABUA. 10.

LINKI TIWARI S/O RAMASHANKAR TIWARI RESIDENT OF VILLAGE ITAHI, P.S.-KUDRA, DISTRICT-KAIMUR AT BHABUA. 11.

VIVEK TIWARI S/O GAURI SHANKAR TIWARI RESIDENT OF VILLAGE ITAHI, P.S.-KUDRA, DISTRICT-KAIMUR AT BHABUA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2022 Heard learned counsel for the petitioners and learned APP for the State.

Patna High Court CR. MISC. No.6615 of 2021(3) dt.10-01-2022 2/3 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 defect(s) as pointed out by the office when called upon to do so by the office. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that petitioners and others assaulted the informant by means of fire arms.

It is submitted by learned counsel for the petitioners that there is general and omnibus allegation against the petitioners and no one has received grievous injuries and all injuries are simple in nature. It is further submitted that similarly situated co-accused persons have already been granted anticipatory bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No. 1817 of 2021 vide order dated 14.07.2021 and the case of these petitioners stands on similar footing. It is also submitted that there is case and counter case between the parties.

Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Patna High Court CR. MISC. No.6615 of 2021(3) dt.10-01-2022 3/3 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 thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Kamiur at Bhabua in connection with Kudra P.S. Case No. 110 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) brajesh kumar/- U T