Rupesh Tiwari @ Ajit Mani Tripathi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49179 of 2022 Arising Out of PS. Case No.-105 Year-2022 Thana- AANDAR District- Siwan ====================================================== RUPESH TIWARI @ AJIT MANI TRIPATHI S/O BIRENDRA MANI TIWARI @ BIRENDRA MANI TRIPATHI Resident of village- Jaijor, P.S.- Andar, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhakar Singh, Advocate.

For the Opposite Party/s :

Mr.Anuj Kumar Shrivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-12-2022 Heard Mr. Prabhakar Singh, learned counsel for the petitioner and Mr. Anuj Kumar Shrivastava, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Andar P.S. Case No. 105 of 2022 registered for the offences punishable under Sections 341, 323, 324 and 307/34 of the Indian Penal Code 1860.

The prosecution story is that during the cricket match, the petitioner assaulted the son of the informant by means of knife while he was doing umpiring.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to

Patna High Court CR. MISC. No.49179 of 2022(2) dt.23-12-2022 2/3 previous fight between brother of the petitioner and the victim boy. A counter case has been filed for an incident which has taken place on the same date and time. He further submits that injury caused to the victim is not serious in nature which would be evident from the injury report annexed with this petition, and from perusal of the same, it transpires that the injury was superficial in nature. The petitioner is in custody since 23.5.2022 and charge sheet has already been submitted. On the other hand, learned counsel for the State referring to the injury report submits that the injury has been caused by the sharp object and the opinion of the Doctor regarding the nature of the injury is reserved.

Regards being had to the submission made by the parties and taking into consideration the fact that there is case and counter case between the parties, the incident has taken place during the course of cricket match, the petitioner is young boy of 28 years of age and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.

Patna High Court CR. MISC. No.49179 of 2022(2) dt.23-12-2022 3/3 Siwan, in connection with Andar P.S. Case No. 105 of 2022. (Anil Kumar Sinha, J) S.Ali/- U T