Patna High CourtCR. MISC./9933/2015bail granted

Dinesh Tiwari And ORS. v. The State Of Bihar

2015-03-12Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9933 of 2015 Arising Out of PS.Case No. -173 Year- 2014 Thana -HUSAINGANJ District- SIWAN ======================================================

1. Dinesh Tiwari Son of Hira Tiwari

2. Rakesh Tiwari Son of Dinesh Tiwari

3. Satyendra Yadav, son of Gena Yadav

4. Daya Yadav @ Dayanand Yadav, son of Gorakh Yadav, All are Resident of village- Rafipur, P.S.- Hussainganj, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Md. A.Haque Sahara (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-03-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Hussainganj ( M.H.Nagar) P.S.Case No. 173 of 2014 registered for the offences punishable under Sections 341, 323, 324, 307, 364, 379/34 of the Indian Penal Code.

Petitioners are said to have mercilessly assaulted the informant by means of lathi and other weapons and it is specifically stated that petitioner no. 3 gave Daab blow to the informant causing injury on his forehead.

Admittedly, only two injuries were found on the person of

Patna High Court Cr.Misc. No.9933 of 2015 (2) dt.12-03-2015 2/2 the injured and both the injuries were simple in nature said to be caused by hard and blunt substance. There is land dispute between the parties.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in Hussainganj ( M.H.Nagar) P.S.Case No. 173 of 2014, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Namita/- U