Uma Shankar Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52948 of 2018 Arising Out of PS. Case No.-152 Year-2016 Thana- MOKAMAH District- Patna ====================================================== Uma Shankar Tiwari, Son of Late Laxmi Tiwari, Resident of VillageMokama Malia Ghat, Shakarwar Tola, Ward No.15, P.S.- Mokama, DistrictPatna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shiv Kumar For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-12-2018 Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 447, 504, 341, 323, 302/34 of the Indian Penal Code.

The allegation against the petitioner is of assaulting the deceased with fists (MUKKA).

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The petitioner is alleged to have given fist blows upon the deceased. The postmortem report shows that there is no external injury on

Patna High Court Cr.Misc. No.52948 of 2018(3) dt.03-12-2018 2/2 the body of the deceased. The deceased is said to have died due to cardiac arrest.

On behalf of the State and O.P. No. 2, it is submitted that the petitioner is named in F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Barh, District-Patna in connection with Mokama P.S. Case No. 152 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T