Brijkishore Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68862 of 2024 Arising Out of PS. Case No.-191 Year-2024 Thana- DURAULI District- Siwan ====================================================== 1.

Brijkishore Tiwari Son of Janardhan Tiwari @ Janardan Tiwari Resident of Village -Mishra Ke Gauri, P.S.- Darauli, Distt.- Siwan 2.

Janardhan Tiwari @ Janardan Tiwari Son of Prahalad Tiwari Resident of Village -Mishra Ke Gauri, P.S.- Darauli, Distt.- Siwan ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2024 Heard Mr. Ajay Kumar Pandey, learned counsel for the petitioners and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

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

3. The petitioners are said to have assaulted the informant and his family members by means of iron rod and sword due to which Surendra Tiwari sustained hairline fracture injury.

4. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. It is further submitted that both the parties are agnates and due to land dispute the present case has been lodged. It is further submitted that petitioners'

Patna High Court CR. MISC. No.68862 of 2024(2) dt.22-10-2024 2/2 side have filed Darauli P.S. Case No.192 of 2024 against the informant's side. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case as well as the fact that both the parties are agnates and the inter se land dispute, 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 lower Court where the case is pending/successor Court in connection with Darauli P.S. Case No.191 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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