Aditya Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36988 of 2018 Arising Out of PS. Case No.-315 Year-2017 Thana- BRAHMPUR District- Buxar ====================================================== Aditya Tiwari, S/o Late Ram Chandra Tiwari, R/o Vill.- Bishunpur, P.S.- Shahpur, District- Bhojpur.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Brahmpur P.S. Case No.315 of 2017, registered for the offence punishable under Sections 341/323/307/384/379/504/506/34 of the Indian Penal Code. The informant is the Manager of Indian made foreign liquor. Allegation has been made that while the informant was passing through the village, he was intercepted and assaulted by the petitioner and others for not supplying the liquor.

Patna High Court Cr.Misc. No.36988 of 2018(2) dt.02-07-2018 2/3 Learned counsel for the petitioner submits that it is the informant who used to supply the liquor in the locality and when the petitioner objected the same, this false case has been lodged against the petitioner.

From the F.I.R. it appears that the font of the words in the upper side of the F.I.R. is big one and gradually it has been decreased. It also appears that the case was registered on 03.05.2017 but the Chief Judicial Magistrate has received the same on 04.09.2017 i.e. after delay of about four months. Looking to the aforesaid facts and circumstances of the case, let the petitioner, namely, Aditya Tiwari, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Brahmpur P.S. Case No.

315 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation.

Patna High Court Cr.Misc. No.36988 of 2018(2) dt.02-07-2018 3/3 reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) pawan/- U T