Patna High CourtCR. MISC./35152/2017rejected

Bharat Bhushan Tiwary And ANR v. The State Of Bihar

2017-08-10Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.35152 of 2017 (2) dt.10-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35152 of 2017 Arising Out of PS.Case No. -40 Year- 2017 Thana -MOHAMMADPUR District- GOPALGANJ ======================================================

1. Bharat Bhushan Tiwary Son of Bhirgunath Tiwary

2. Shashi Bhushan Tiwary Son of Prabhunath Tiwary Both are Resident of Village-Kashi Tengrahi, P.S.-Mohammadpur, DistrictGopalganj .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Advocate For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioners and learned APP representing the State.

The petitioners apprehend their arrest in connection with Mohammadpur P.S. Case No. 40 of 2017 registered for the offences punishable under Sections 341, 323, 353, 427, 504, 506/34 of the Indian Penal Code.

Allegedly, the petitioners came and asked the informant to open Jamabandi and when the informant told them that after the weekly meeting he will do the work then they started abusing and assaulting with fat and slaps and further they torn the Register II and inquiry report and further caused threats to kill him. Submission is of false implication and that the petitioner Bharat Bhushan Tiwary filed compliant case against C.O. and the informant in the court of C.J.M., Gopalganj and FIR has been

Patna High Court Cr.Misc. No.35152 of 2017 (2) dt.10-08-2017 lodged after three days of the occurrence and as such the petitioners deserve sympathetic consideration. Learned APP opposes the prayer of anticipatory bail. In the facts and circumstances stated above, considering the allegation attributed against the petitioners, this Court is not persuaded to grant the privilege of pre-arrest bail to the petitioners, accordingly, their such prayer stands rejected. However, the petitioners, if so advised, surrender and seek regular bail before the court below then the same shall be considered on its own merit without being prejudiced by the present order preferably on the same day.

(Jitendra Mohan Sharma, J) avin/- U T