Sanjay Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81490 of 2019 Arising Out of PS. Case No.-229 Year-2017 Thana- VAISHALI District- Vaishali ====================================================== 1.

SANJAY TIWARY Son of Late Harendra Tiwary Resident of Village - Abul Hasanpur, P.S.- and Distt - Vaishali.

2.

Satyam Kumar Mishra @ Satyam Mishra Son of Akhileshwar Mishra Resident of Village - Raja Parsoni, P.S.- Tariyani, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-12-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Vaishali P.S. Case No. 229 of 2017 registered for the offence punishable under Sections 323, 308, 504, 506, 341 and 379/34 of the Indian Penal Code.

The allegation is regarding altercation having taken place in between the petitioners and the prosecution party whereafter, the petitioners' side is said to have lodged the FIR first on 9.9.2017 and subsequently, after six days, the informant of the present case is stated to have filed the present FIR in question. The learned counsel for the petitioners has submitted that

Patna High Court CR. MISC. No.81490 of 2019(2) dt.11-12-2019 2/2 the petitioners have also received injuries and in fact, the informant / the prosecution side have not received any grievous injury. It is next contended that the present case arises out of a case and a counter case, as lodged by the petitioners' side first. Lastly, it is submitted that the petitioners are having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali in connection with Vaishali P.S. Case No. 229 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) ajay gupta/- U T