Rajeshwar Tiwary And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4312 of 2017 Arising Out of PS.Case No. -191 Year- 2016 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rajeshwar Tiwary, son of Late Paras Tiwary,

2. Daroga Tiwary, son of Late Paras Tiwary,

3. Dhrup Tiwary, son of Late Paras Tiwary, all are resident of VillageSonversa, P.O. and P.S.- Harsidhi, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Sri Ahtash Ali Khan For the informant : Mr. Rajiv Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2017 The petitioners are in custody since 18.07.2016 in connection with Harsidhi P.S. Case No. 191 of 2016, registered for offences punishable under Sections 341, 342, 447, 323, 324, 325, 307, 436, 504,427 and 379 of the Indian Penal Code. It has been submitted on behalf of the petitioner that there is case and counter case between the parties and general and omnibus allegations have been levelled against these petitioners and the allegation against the petitioners that they assaulted the informant and others variously armed, however all the injuries are found to be simple in nature except one injury inflicted on the persons of the informant but that too was not on the vital part of

Patna High Court Cr.Misc. No.4312 of 2017 (2) dt.14-02-2017 2/3 the body. The petitioners have been in judicial custody since 18.07.2016.

Heard learned A.P.P. also.

Having heard both sides, in view of the fact that all the injuries caused to the informant and other were found to be simple in nature except one injury inflicted on the person of the informant but the same was not on the vital part of the body, let the petitioners above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champran, in connection with Hardishi P.S. Case No. 191 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court

Patna High Court Cr.Misc. No.4312 of 2017 (2) dt.14-02-2017 3/3 and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T