Deepak Tiwari @ Deepak Kumar Tiwari @ Deepak Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65641 of 2023 Arising Out of PS. Case No.-131 Year-2023 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== DEEPAK TIWARI @ DEEPAK KUMAR TIWARI @ DEEPAK TIWARY Son of Tarkeshwar Tiwari R/o vill - Bhitbherwa @ Bhitbherwan, P.S. - Gopalganj (Town), Distt. - Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Setu Prateek For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.
3. As per FIR, the allegation against the accused persons is that they stopped the informant while he was going to his shop by his motorcycle and due to previous dispute, they assaulted him and during the course of the occurrence petitioner gave knife blow to the informant on his head and co-accused persons assaulted him by means of rod and chain. It is further alleged that they also snatched gold chain from the informant.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.65641 of 2023(2) dt.13-10-2023 2/2 petitioner has submitted that petitioner is innocent and has committed no offence. Due to previous dispute he has falsely been implicated in this present case. There is case and counter case between the parties and both parties have sustained injuries as alleged in separate occurrence. As per Annexure-3, all injuries sustained by the injured are simple in nature. It is further submitted that the petitioner is languishing in judicial custody since 26.07.2023.
5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Gopalganj Town P.S. Case No. 131 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj. (Sunil Kumar Panwar, J) manishkumar/- U T