Jitendra Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62704 of 2018 Arising Out of PS. Case No.-395 Year-2017 Thana- BIHIA District- Bhojpur ====================================================== Jitendra Tiwari, Son of Kamal Prasad Tiwari, Residents of Village- Jamuan, Police Station- Bihiya, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

M/s Suraj Narain Sinha, Sr. Advocate, Mukul Prasad, Advocate For the Opposite Party/s :

Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 08-10-2018 I have heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case registered for offences punishable under sections 147, 148, 323, 324, 325, 307, 379, 446, 504, 302 of the Indian Penal Code. It is contended that, as per allegation, several persons assembled and surrounded the deceased Sonu. According to the first information report the petitioner was having dagger in his hand. However, it is contended that there is no dagger injury in the postmortem report. That apart, it is also stated that allegation of assault is upon the several persons out of which some have been released on bail by the court below itself and one Ashok Tiwari released by a co-ordinate Bench of this Court vide

Patna High Court Cr.Misc. No.62704 of 2018(2) dt.08-10-2018 2/2 Annexure 3 and vide order dated 18.6.2018 passed in Cr. Misc. No. 24621 of 2018 two co-accused persons, namely, Kamal Prasad Tiwary and Ratan Tiwary have been granted anticipatory bail by a co-ordinate Bench of this Court. It is further contended that the occurrence is result of altercation between the agnates and the present case is a counter blast to the first information report lodged by the father of the petitioner, namely, Kamal Prasad Tiwary. Xerox copy of that first information report is appended as Annexure 2. Petitioner claims that he is having clean antecedent.

Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on his furnishing bail bond of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. V, Bhojpur at Ara in connection with Bihiya P.S. Case No. 395 of 2017.

(Dr. Ravi Ranjan, J) Spd/- U T