Raviranjan Tiwari @ Rabi Ranjan Tiwari @ Chhotu Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65864 of 2024 Arising Out of PS. Case No.-209 Year-2024 Thana- SAHPUR District- Bhojpur ====================================================== Raviranjan Tiwari @ Rabi Ranjan Tiwari @ Chhotu Tiwari S/o- Rabindra Tiwari Resident of village- Barisawan Ps- Shahpur District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogesh Kumar For the Opposite Party/s :
Mr. Chandra Bhushan Prasad For the Informant :
Mr. Bimal Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2024
1. Heard learned counsel for the petitioner, learned A.P.P. for the State, Mr. Chandra Bhushan Prasad and the learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that his son, Ravishankar was cleaning the roof, when some droplets of water fell on the house of Vishal and petitioner, on which both started abusing, but his son said that the water was spilled by mistake, thereafter, the accused persons came and on orders of Rajendra, Balbu assaulted his son by rod causing
Patna High Court CR. MISC. No.65864 of 2024(2) dt.26-09-2024 2/3 injury on head, Vishal assaulted his son by rod causing injury near his right eye, when younger son of the informant Umashankar came to save his brother, he was also assaulted by the petitioner by a rod causing injury on head and thereafter accused assaulted the informant and Vishal took Rs. 35,000/-, on alarm people gathered when they fled threatening.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that on a trivial issue, the occurrence is alleged to have taken place. It is next submitted that thrust of the allegation of assaulting Ravi Shankar is against Bablu and Vishal, as far as this petitioner is concerned, he is alleged to have assaulted Umashankar by rod causing injury, but then it is submitted that the blow was not repeated. It is next submitted that Shahpur P.S. Case No. 208 of 2024 has been instituted by the side of the petitioner against the informant and his side, as such, the instant FIR is a counterblast. It is also submitted that injury of Umashankar is simple in nature as would manifest from Annexure-3 to the anticipatory bail application.
5. Learned A.P.P. for the State and learned counsel
Patna High Court CR. MISC. No.65864 of 2024(2) dt.26-09-2024 3/3 appearing on behalf of the informant oppose the prayer for anticipatory bail of the petitioner, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioner that the injuries suffered by the injured is simple in nature and the blow was not repeated.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Shahpur P.S. Case No. 209 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T