Ram Awadhesh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60812 of 2023 Arising Out of PS. Case No.-169 Year-2022 Thana- ARA MUFFSIL District- Bhojpur ====================================================== RAM AWADHESH TIWARI, Son of Late Keshav Tiwari R/o vill - Chitkundi, P.S. - Ara Mufassil, Distt. - Bhojpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-10-2023 1.

Heard learned counsel for the petitioner and the learned APP for the State.

2.

The petitioner is apprehending his arrest in connection with Ara Mufassil P.S. Case No. 169 of 2022 registered for the offence punishable under Section 341, 323, 324, 307 and 34 of the Indian Penal Code and Section 27 of Arms Act.

3.

The informant was ploughing his farm along with his brother when accused persons, including the petitioner, have arrived and indiscriminately assaulted them by various means. 4.

It is submitted by the learned counsel for the petitioner that since two cases are pending against the petitioner since before, he has been dragged in the present case, attributing an assault upon the little finger of the informant's nephew. The

Patna High Court CR. MISC. No.60812 of 2023(2) dt.11-10-2023 2/3 petitioner is aged about 72 years; and the implication is based on extraneous consideration. The parties are already at loggerheads in civil dispute in Probate Case No. 37 of 2017, Title Suit No. 371 of 2017 and Mutation Appeal Nos. 655 of 2021 and 656 of 2021. The accused side has also lodged an FIR in respect of the occurrence in Ara Mufassil P.S Case No. 170 of 2022.The submission is that based on subsisting land dispute, this fight ensued between the parties and all family members, including elderly people like the petitioner, have been dragged in the case.

5.

Learned APP for the State has opposed the prayer for pre-arrest bail.

6.

Considering the rival submissions, nature of allegations, the subsisting land dispute, case and counter-case as also age of the petitioner, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed. 7.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.60812 of 2023(2) dt.11-10-2023 3/3 Chief Judicial Magistrate-VII Bhojpur at Ara in connection with Ara Mufassil P.S. Case No. 169 of 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) SUMIT/- U T