Pintu Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 51859 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- INARWA District- West Champaran ====================================================== 1.
Pintu Tiwary, aged about 35 years, Male, S/o Sri Gandhi Tiwary, Resident of Village - Senuaria, PS - Inarwa, District - West Champaran. 2.
Bitul Tiwari @ Bitul Kumar, aged about 28 years, Male, S/o Sri Gandhi Tiwary, Resident of Village- Senuaria, P.S.- Inarwa, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 30-09-2019 Heard learned counsel for the petitioners, learned APP as well as informant's counsel, who has vehemently opposed the prayer for bail.
Petitioners seek bail in a case registered under Sections 341, 323, 354, 504/34 of Indian Penal Code and Section 3 (i) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Petitioners' counsel submits that the first Information Report arises out of a scuffle between children of the two families of the informant and the accused persons. Minor injuries, as evidenced from the injury report, have arisen in the course of the scuffle at the spur of the moment. Petitioner are in
Patna High Court CR. MISC. No.51859 of 2019(3) dt.30-09-2019 2/2 custody since 19.06.2019 and other than one case pending under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act in which case they are on bail, petitioners have no other criminal antecedent.
Having considered the submission, prayer for bail is allowed. Let the petitioners above named be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in Baheri Police Station Case No 31 of 2019 with the following conditions:
(1) That one of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners.
(2) That the petitioners will be well represented on each date and if they fails to do so on two consecutive dates, their bail will be liable to be cancelled.
(Madhuresh Prasad, J) M.E.H./- U