Hari Shankar Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52035 of 2022 Arising Out of PS. Case No.-68 Year-2022 Thana- SIKARHATTA District- Bhojpur ====================================================== 1.

Hari Shankar Tiwary S/o Late Ram Pravesh Tiwary Resident of VillageBasra, P.s.- Sikarhatta, District- Bhojpur. 2.

Nandji Tiwary S/o Late Ram Pravesh Tiwary Resident of Village- Basra, P.s.- Sikarhatta, District- Bhojpur.

3.

Nand Kishore Tiwary S/o Late Ram Pravesh Tiwary Resident of VillageBasra, P.s.- Sikarhatta, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2022 At the outset, learned counsel for petitioners seeks permission to withdraw the anticipatory bail application with respect to Hari Shankar Tiwary petitioner no. 1. Permission is granted. The anticipatory bail application with respect to petitioner no. 1 is dismissed as withdrawn.

Heard learned counsel for petitioners and learned counsel for State.

The petitioner nos. 2 and 3 apprehend their arrest in a case registered for the offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code. As per the FIR, all the accused persons including

Patna High Court CR. MISC. No.52035 of 2022(2) dt.19-12-2022 2/2 petitioners abused and assaulted the informant and her husband. The genesis of occurrence is land dispute between the parties. It is submitted that due to land dispute between the parties simple marpit took place between the parties in which both sides sustained injuries. There is case and counter case. Injury sustained by the injured are simple in nature. Petitioners claim clean antecedents.

Counsel for informant vehemently opposed the prayer for bail.

Considering the facts aforesaid, the petitioner nos. 2 and 3 above-named, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate8th, Bhojpur at Ara in connection with Sikarhatta P.S. Case No. 68 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T