Brijesh Tiwari @ Brijesh Kumar Tiwari @ Barjesh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72562 of 2022 Arising Out of PS. Case No.-126 Year-2022 Thana- KOTWA District- East Champaran ====================================================== BRIJESH TIWARI @ BRIJESH KUMAR TIWARI @ BARJESH TIWARI SON OF CHANDRAMOHAN TIWARI R/O VILLAGE- BANBIRWA, P.S.- KOTWA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned APP for the State and learned counsel for the informant. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 341, 323, 324, 354, 307, 379, 504, 506 and 34 of the Indian Penal Code, in which Charge Sheet has been submitted for the offences under Sections 323, 324, 307, 302, 504, 506 and 34 of the Indian Penal Code.

The allegation against the petitioner along with others is of killing the husband of the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to village dirty politics. He has committed no offence. He

Patna High Court CR. MISC. No.72562 of 2022(3) dt.19-04-2023 2/3 submitted that the petitioner is alleged to have assaulted the informant's husband namely, Kamlesh Tiwari by farsa on his head and another co-accused namely, Dhananjay Tiwari is also alleged to have assaulted the informant's husband by iron rod on his head but as per postmortem report, the deceased has sustained only one injury on his head. The doctor has not stated about the nature of injury, and opined the cause of death due to hard blunt substance and as such the postmortem report of the deceased does not corroborate the allegation levelled against the petitioner. He is languishing in judicial custody since 07.04.2022.

Learned APP for the State and learned counsel for the informant opposed the application for bail and submitted that during investigation several witnesses have supported the prosecution case. It reveals from the Inquest report mentioned in para-28 of the case diary that the injury was found on back side of the head caused by farsa and iron rod.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

Patna High Court CR. MISC. No.72562 of 2022(3) dt.19-04-2023 3/3 of the like amount each to the satisfaction of the learned A.C.J.M.-10th, Motihari (East Champaran) in connection with Kotwa P.S. Case No. 126 of 2022.

(Sunil Kumar Panwar, J) arish/- U T