Abhishek Tiwari @ Abhishek Mani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55204 of 2024 Arising Out of PS. Case No.-176 Year-2024 Thana- BASANTPUR District- Siwan ====================================================== Abhishek Tiwari @ Abhishek Mani, Son of Sanju Saran Tiwari R/o - P.S.- Paroli, District - Nabiganj, Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Misha Bharti Mr.Vishal Vikram Rana Ms.Ananya Shivani Mr.Siddharth Mr.Divyendu Shekhar For the Opposite Party/s :

Mr.Ram Naresh Ray Mr.Fakhruddin Ali Ahmadmd Mr.Tauqueer Azhar Mr.Neeraj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2024

1. Heard learned counsel for the petitioner, the learned counsel appearing on behalf of the informant and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on account of dispute relating to playing of cricket, Ankit, Mohit and Asmit assaulted Dilshad, thereafter, assaulted Fatima wife of Dilshad, who came to save him and

Patna High Court CR. MISC. No.55204 of 2024(2) dt.02-09-2024 2/3 also assaulted Afjal and Izhar, the brother of the informant by bat and wicket causing injury on head. It is next alleged that petitioner was involved in the occurrence.

4. The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the date of occurrence is 28.03.2024 and the F.I.R. came to be instituted on 07.04.2024 without any plausible explanation for delay. It is also submitted that specific allegation of assault is alleged against Ankit, Mohit and Asmit, but as far as this petitioner is concerned, the allegation of assault against him is general and omnibus in nature.

5. Learned A.P.P. and the learned counsel appearing on behalf of the informant opposed the anticipatory bail application, but then, are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that there is a delay of ten days in instituting the instant FIR and there is no specific allegation of assault against the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail

Patna High Court CR. MISC. No.55204 of 2024(2) dt.02-09-2024 3/3 on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-X, Siwan in connection with Basantpur (Lakdi Nabiganj) P. S. Case No.176 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T