Patna High CourtCR. MISC./63218/2023allowed

Sujit Tiwari v. The State Of Bihar

2023-10-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63218 of 2023 Arising Out of PS. Case No.-239 Year-2023 Thana- KATEYA District- Gopalganj ====================================================== 1.

SUJIT TIWARI S/O NAND LAL TIWARI R/O VILLAGE- RAIPURA, PS. BHORE, DIST. GOPALGANJ 2.

AJIT TIWARI S/O NAND LAL TIWARI R/O VILLAGE- RAIPURA, PS. BHORE, DIST. GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Dubey For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for bail in a case instituted for the offence under Sections 341, 323, 324, 325, 307, 342, 379, 504 and 506/34 of the Indian Penal Code. As per allegation in the FIR, accused persons were cutting the drain of the informant upon which he raised objection. Accused persons forcibly entered into his house and started to assault him and his family members by means of iron sariya and rama.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to

Patna High Court CR. MISC. No.63218 of 2023(2) dt.09-10-2023 2/2 land dispute. As per injury report, informant has received three injuries out of which one is grievous on left hand but on nonvital organ. Police investigated the place of occurrence, but no any cut mark over drain has been found. Petitioners have got no criminal antecedent and languishing in judicial custody since 23.07.2023.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned CJM, Gopalganj in connection with Kateya PS Case No. 239 of 2023.

(Sunil Kumar Panwar, J) sushma/- U