Deepak Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7298 of 2021 Arising Out of PS. Case No.-140 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== Deepak Tiwari, male, aged about 35 years, S/o Majihar Tiwari, Resident of Village - Nagauli, P.S. - Basantpur, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Vardhan, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-11-2021 This case was directed to be listed for priority hearing on 08.10.2021, taking into account the fact that this case was filed on 23.12.2020 and that all the other accused persons of this case have been granted bail. The matter was placed on 08.10.2021 but somehow or the other, it could not be taken up. The matter is, therefore, being taking up out of turn today.

Heard the counsel for the parties.

Patna High Court CR. MISC. No.7298 of 2021(3) dt.02-11-2021 2/3 The petitioner seeks bail in anticipation of his arrest in connection with Basantpur P.S. Case No. 140 of 2020, dated 06.04.2020, instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307, 337, 338, 188, 269, 270, 271, 504 and 506 of the I.P.C. Later on, Section 302 of the I.P.C. and Section 51(b) of the N.D.M.A. Act have also been added.

Though there is accusation in the F.I.R. that all the accused persons having resorted to brick-bats and affray which led to death of one Md. Rafique Alam, but there is no specific accusation against the petitioner.

Several persons have been named in this case and several others remain unnamed. Some of the accused persons of this case have been granted bail on the ground of there being nothing specific alleged against them. Regard being had to the facts afore-stated and taking into account the clean antecedent of the petitioner, he, in the event of his arrest or surrender before the learned Court below within a period of eight weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of

Patna High Court CR. MISC. No.7298 of 2021(3) dt.02-11-2021 3/3 Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Basantpur P.S. Case No. 140 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T