Uday Tiwari @ Uday Narayan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64664 of 2019 Arising Out of PS. Case No.-383 Year-2019 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== 1.

Uday Tiwari @ Uday Narayan Tiwari S/O Late Ram Belash Shastri R/O Village Samahuta, P.S. Mohania, District- Kamur at Bhabua. 2.

Rajanish Twarri @ Rajani Kant Tiwari S/O uday Tiwari @ Uday Narayan Tiwary R/O Village Samahuta, P.S. Mohania, District- Kamur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered under Sections 323, 341, 504, 324, 325, 307, 34 of the Indian Penal Code.

The prosecution case in short is that in the backdrop of an issue of drainage water, an altercation took place between the parties and in consequence thereof, the accused persons assaulted the informant and his brothers.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.64664 of 2019(2) dt.17-10-2019 2/2 petitioners. The petitioners are in custody since 18-08-2019. There is case and counter case between the parties. Both parties are agnates. The injury on the side of the accused has not been explained by the prosecution. The prosecution has not come with clean hands. The injury caused by the petitioner No. 1 is said to be simple and the injury caused by petitioner No. 2 is on non-vital part of the body.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Mohania P.S. Case No. 383 of 2019.

(Sudhir Singh, J) A.K.V.//- U T