Harendra Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71429 of 2024 Arising Out of PS. Case No.-104 Year-2024 Thana- BHORE District- Gopalganj ====================================================== 1.

Harendra Tiwari S/O Shyamdev Tiwari R/O Village- Dubwaliya Tiwari Tola, P.S- Bhore, Distt.- Gopalganj.

2.

Amar Tiwari S/O Harendra Tiwari R/O Village- Dubwaliya Tiwari Tola, P.SBhore, Distt.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anirudh Kr. Verma, Adv.

Mr. Vyas Kumar Mishra, Adv.

For the State :

Mrs. Asha Devi, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-10-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504/34 of the Indian Penal Code.

3. Petitioners along with other accused persons are said to have assaulted the informant's side.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that there is case and counter case between the parties and both sides have sustained injury. He submits that both the petitioners and informant are gotiya and a Title Suit No. 329 of 2019 is pending between the

Patna High Court CR. MISC. No.71429 of 2024(2) dt.23-10-2024 2/2 parties. He submits that there is no specific overt act against the petitioners. He further submits that petitioners have one criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case and the fact that there is case and counter case between the parties, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bhore P.S. Case No. 104 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T