Visheshwar Tiwari @ Bisweswar Tewari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80133 of 2024 Arising Out of PS. Case No.-205 Year-2024 Thana- JALALPUR District- Saran ====================================================== 1.

Visheshwar Tiwari @ Bisweswar Tewari S/o Late Suba Tiwari R/o vill - Mangolapur, P.S. - Jalalpur, Distt.- Saran (Chapra) 2.

Gita Devi W/o Bhim Tiwary R/o vill - Mangolapur, P.S. - Jalalpur, Distt.- Saran (Chapra) 3.

Rajamati Devi W/o Visheshwar Tiwari R/o vill - Mangolapur, P.S. - Jalalpur, Distt.- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the State :

Mr. Narendra Kumar Singh, APP For the Informant :

Mr. Siyaram Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2024 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 191(3), 190, 118(1), 118(2), 109, 103(1) of the B.N.S., 2023.

3.

Allegedly, the petitioners along with other co-accused persons armed with axe, knife and spear came and started assaulting the informant and his brothers. One brother of the informant namely, Raj Kumar Tiwari died during the treatment and one brother namely, Raj Kishore Tiwari is seriously injured. 4.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.80133 of 2024(2) dt.04-12-2024 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. It is also submitted that both parties are agnates and there is admitted land dispute between them. There is no specific overt act attributed against the petitioners. Petitioners have no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, and the fact that there is no specific overt act attributed against the petitioner nos. 2 and 3 and also considering the age of petitioner no. 1 who is aged about 78 years, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Jalalpur P.S. Case No.205 of 2024, subject to the conditions as laid down under Section 482(2) of BNSS, 2023.

(Anjani Kumar Sharan, J) priyanka/- U T