Baban Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75462 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.

BABAN TIWARI SON OF LATE HARIHAR TIWARI RESIDENT OF VILLAGE - ARJUNPUR, P.S. - BUXAR (INDUSTRIAL), DISTRICT - BUXAR 2.

AMARENDRA GUPTA SON OF LATE BRAHMESHWAR GUPTA @ BRAHMESHWAR NATH GUPTA RESIDENT OF VILLAGE - ARJUNPUR, P.S. - BUXAR (INDUSTRIAL), DISTRICT - BUXAR 3.

AJAY GUPTA @ AJAY KUMAR GUPTA SON OF AMARENDRA GUPTA RESIDENT OF VILLAGE - ARJUNPUR, P.S. - BUXAR (INDUSTRIAL), DISTRICT - BUXAR 4.

NITISH TIWARI SON OF MAHENDRA TIWARI RESIDENT OF VILLAGE - ARJUNPUR, P.S. - BUXAR (INDUSTRIAL), DISTRICT - BUXAR 5.

GANESH TIWARI SON OF LATE MUKTESHWAR TIWARI RESIDENT OF VILLAGE - ARJUNPUR, P.S. - BUXAR (INDUSTRIAL), DISTRICT - BUXAR 6.

JYOTI SHANKAR SAH @ JYOTISH KUMAR GUPTA @ JYOTI SHANKAR GUPTA SON OF LATE VISHWANATH SAH RESIDENT OF VILLAGE - ARJUNPUR, P.S. - BUXAR (INDUSTRIAL), DISTRICT - BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2023 At the outset, learned counsel for the petitioners seeks permission to withdraw the pre-arrest bail petition of petitioner No. 2.

This bail petition of the petitioner No. 2 is dismissed as withdrawn.

Heard learned counsel for the petitioner Nos. 1 , 3 ,

Patna High Court CR. MISC. No.75462 of 2023(2) dt.29-11-2023 2/3 4, 5 and 6 and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 149, 341 , 323 , 307, 504 and 506 of the Indian Penal Code.

3. As per FIR, these petitioners along with other coaccused persons armed with deadly weapons assaulted informant and his family members.

4. It is submitted on behalf of the petitioners that there is general and omnibus allegation against these petitioners. No specific overt act has been alleged against them. There is case and counter case . Specific allegation of assault is against other co-accused persons. Petitioners claim clean antecedent.

5. Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner Nos. 1 , 3 , 4, 5 and 6, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned C . J . M, Buxar in connection with Buxar (Industrial) P.S. Case No. 192 of 2023 ,

Patna High Court CR. MISC. No.75462 of 2023(2) dt.29-11-2023 3/3 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Koushik/- U T