Bittu Tiwari And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27872 of 2017 Arising Out of PS.Case No. -40 Year- 2015 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bittu Tiwari, Son of Ashok Tiwary.

2. Pawan Tiwary @ Pawan Kumar, son of Ravi Bhushan Tiwari.

3. Dinesh Sahani, Son of Sigashan Sahani.

All resident of village - Nandpur, P.S.-Muffasil (Motihari), District-East Champaran at Motihari.

4. Abhishek Dubey, Son of Antu Dubey, resident of village - Dubey Tola, P.S.-Sangrampur, District-East Champaran at Motihari. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-06-2017 Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners apprehend their arrest in Muffasil P. S. Case No. 40 of 2015 registered for the offences under Sections 147, 148, 149, 447, 435, 323, 324, 379, 504 and 506 of the Indian Penal Code.

As per the prosecution case, the petitioners are said to have assaulted the informant by means of lathi and rod and also looted the household articles of the informant. It is submitted by learned counsel for the petitioners that the petitioners are quite innocent and they have committed no

Patna High Court Cr.Misc. No.27872 of 2017 (2) dt.21-06-2017 2/2 offence. They have been falsely implicated in the case over land dispute. The allegations levelled against the petitioners are not specific rather general and omnibus. The petitioners are simply said to have assaulted the informant by means of lathi and rod and no grievous injury is said to have been inflicted to the informant at the hands of the petitioners.

Considering the facts aforesaid and the nature of allegation made against the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four 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 Chief Judicial Magistrate, Motihari in connection with Muffasil P. S. Case No. 40 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prakash Chandra Jaiswal, J) Mishra/- U T