Suraj Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63529 of 2022 Arising Out of PS. Case No.-502 Year-2019 Thana- SUGAULI District- East Champaran ====================================================== 1.

SURAJ TIWARI Son of Raju Tiwari R/v- Parsa, P.S.- Majhauliya, DistrictWest Champaran 2.

AKASH TIWARI Son of Raju Tiwari R/v- Parsa, P.S.- Majhauliya, DistrictWest Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

Mrs. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-01-2023 Heard the parties.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506, 34 of the Indian Penal Code.

The allegation against the petitioners is that they alongwith other co-accused persons assaulted the informant by means of deadly weapons. It is also alleged that the petitioner no.2 took Rs.9000/- from the informant.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged,

Patna High Court CR. MISC. No.63529 of 2022(2) dt.16-01-2023 2/2 has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is a case and counter-case between the parties and both sides have sustained injuries. He further submits that from perusal of the impugned order it is clear that the injuries are simple in nature, caused by hard and blunt substance. Petitioners have no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, 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 Sugauli P.S. Case No.502 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T