Patna High CourtCR. MISC./70032/2021bail granted

Abhishek Kumar @ Rahul Tiwari v. The State Of Bihar

2022-07-28Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70032 of 2021 Arising Out of PS. Case No.-341 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== ABHISHEK KUMAR @ RAHUL TIWARI Son of Shri Mangal Tiwari @ Shiv Mangal Tiwari Resident of Village - Majirwa, P.s.- Ghorasahan (Lakhaura), Distt.- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 70487 of 2021 Arising Out of PS. Case No.-341 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== AKHILESH TIWARI @ AKHILESH KUMAR TIWARI Son of Late Shivmangal Tiwari Resident of Village- Majirwa, P.S.- Ghorasahan (Lakhaura), District- East Champaran.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 70032 of 2021) For the Petitioner/s :

Mr.Uma Shankar Singh For the Opposite Party/s :

Mr.Arun Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 70487 of 2021) For the Petitioner/s :

Mr.Uma Shankar Singh For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-07-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard the learned counsel for the petitioners and

Patna High Court CR. MISC. No.70032 of 2021(2) dt.28-07-2022 2/3 learned APP for the State.

The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 324, 307, 379 and 506/34 of the Indian Penal Code, registered in connection with Ghorasahan (Lakhaura) P. S.Case No. 341 of 2021. As per allegation, when the informant Munni Devi was planting on her land, the petitioners came there. The specific allegation against petitioner Akhilesh Tiwary is that he assaulted Kameshwar Tiwary and also assaulted Deepak Singh and the allegation against the petitioner Abhishek Tiwary @ Rahul Tiwary is that he assaulted Aman Kumar. The learned counsel for the petitioners has submitted that they are persons of clean antecedent. There is land dispute between the parties. There is case and counter case.

Though the informant Munni Devi sustained one grievous injury, but it has not been attributed against any of the petitioners. Considering the above facts and circumstances, specially the clean antecedent of the petitioners, let them above-named, in the event of their arrest or surrender within four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.70032 of 2021(2) dt.28-07-2022 3/3 satisfaction of learned SDJM, 1st Sikrahana, Dhaka, East Champaran in connection with Ghorasahan (Lakhaura) P.S.Case No. 341 of 2021, G.R.Case No. 1151 of 2021, subject to the conditions as laid down under Section 438(2) Cr. P.C. Office shall ensure that all defects are removed by the petitioners within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T