Suresh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63492 of 2022 Arising Out of PS. Case No.-245 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

Suresh Tiwari S/O Late Ramasaray Tiwari @ Panda Tiwari R/O VillageJanerawa, P.S.- Gobindganj, Distt- East Champaran. 2.

Krishna Tiwari S/O Suresh Tiwari R/O Village- Janerawa, P.S.- Gobindganj, Distt- East Champaran.

3.

Piyush Tiwari S/O Suresh Tiwari R/O Village- Janerawa, P.S.- Gobindganj, Distt- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in connection with Govindganj P.S. Case No. 245 of 2022 registered under sections 147, 148, 149, 341, 323, 324, 307, 427, 504 and 506 of the Indian Penal Code. Prosecution case in short is that the building work of informant was under progress, in the mean time, all accused persons including the petitioners armed with lathi, danda and farsa and stopped the ongoing building works. It is further alleged that on the order of Petitioner No. 1, all the accused

Patna High Court CR. MISC. No.63492 of 2022(2) dt.17-02-2023 2/3 persons demolished his house and tried to kill the informant. When the family members of the informant tried to save him, then the accused persons beaten them due to which the informant and one Amit Kumar sustained injury. It is further alleged that they assaulted the wife of the informant on her abdomen which led to her abortion.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this present case due to land dispute and because both parties are agnates. It is further submitted that there is case and counter case between both the parties and both parties have sustained injuries in separate occurrence. A general and omnibus allegation has been levelled against these petitioners. They are languishing in judicial custody since 15.06.2022.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Govindganj P.S. Case No. 245 of 2022 on

Patna High Court CR. MISC. No.63492 of 2022(2) dt.17-02-2023 3/3 furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each of them with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, District- East Champaran.

(Sunil Kumar Panwar, J) shubham/- U T