Patna High CourtCR. MISC./50097/2018allowed

Dadan Tiwari v. The State Of Bihar

2018-08-14Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.50097 of 2018 (2) dt.14-08-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50097 of 2018 Arising Out of PS.Case No. -446 Year- 2018 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================

1. Dadan Tiwari son of Late Kanhiya Tiwary, resident of Village- Miev, P.S. Sonhan, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Adv. For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-08-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bhabua (Sonhan) P.S. Case No. 446 of 2018/ G.R. No. 1516 of 2018, disclosing offences under Sections 341, 323, 448, 147, 148, 149, 307, 324 and 504 of the Indian Penal Code. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner happens to be own brother of the informant and there is land dispute between the parties. Moreover, the parties have compromise the dispute between them and to that effect a supplementary affidavit has also been filed on behalf of the petitioner. Hence, the petitioner

Patna High Court Cr.Misc. No.50097 of 2018 (2) dt.14-08-2018 deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur, Bhabua in connection with Bhabua (Sonhan) Police Station Case No. 446 of 2018/ G.R. No. 1516 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T