Pravesh Tiwari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14867 of 2015 Arising Out of PS.Case No. -95 Year- 2015 Thana -SAHARSA District- SAHARSA ======================================================
1. Pravesh Tiwari
2. Sudhir Tiwari,
3. Shripati Tiwari
4. Dharamveer Tiwari
5. Chintu Tiwari @ Chintu Kumar Tiwari, All Son of Baldeo Tiwari Al are resident of village - Tiwari Tola, Ward No. 33, P.s. & District - Saharsa. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. J.N. Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-05-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Section341,323,384,386,387379 and 504/34 of the Indian Penal Code.
It is alleged that accused persons demanded extortion and Chindu Tiwari after putting country made pistol on the temple of the informant snatched rupees four thousand five hundred. It is further alleged that earlier extortion demand of Rs.50000/- was made.
Patna High Court Cr.Misc. No.14867 of 2015 (3) dt.11-05-2015 2/3 It is submitted by the learned counsel for the petitioners that the police submitted final form but subsequently differing with the final form cognizance has been taken and title suit is going on between the petitioners and the informant. It is further submitted that the petitioners were made accused in two cases apart from the present one but in one of the cases the petitioners have been acquitted.
Considering the nature of accusation made in the background of land dispute, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Saharsa in connection with Saharsa P.S. Case No. 95 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.
Considering the criminal antecedent of the petitioners, the learned court below shall be at liberty to cancel the bail bonds of the petitioners in case the petitioners get involved in serious offence or default
Patna High Court Cr.Misc. No.14867 of 2015 (3) dt.11-05-2015 3/3 without any reasonable cause on three consecutive occasions.
(Dinesh Kumar Singh, J) Anil/- U T