Bishu Tiwary @ Vishnu Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78920 of 2023 Arising Out of PS. Case No.-828 Year-2023 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Bishu Tiwary @ Vishnu Tiwari Son Of Narad Tiwari @ Narm Deshwar Tripathi R/O Village- Sikathi, P.S.- Bhabua, District- Kaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey, Adv.

For the Opposite Party/s :

Mr.Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Bhabua P.S Case No. 828 of 2023 dated 10.09.2023 registered for the offence punishable u/ss 341, 323, 504, 308 read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the informant's motorcycle dashed the motorcycle of the petitioner then the petitioner and the co-accused persons are alleged to have chased the informant and assaulted him with iron rod on his head due to which the informant sustained head injury.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is

Patna High Court CR. MISC. No.78920 of 2023(2) dt.22-01-2024 2/2 further submitted that the petitioner has no concern with the alleged offence. As per injury report of the informant, the injury is simple in nature caused by hard and blunt object. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 828 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T