Chhotan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1556 of 2020 Arising Out of PS. Case No.-1491 Year-2018 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== 1.

CHHOTAN TIWARI Son of Bachcha Tiwari @ Bacha Tiwari @ Shatrumardan Tiwari @ Shatrumardhan Tiwari Resident of Village - Kauwahan, P.S.- Govindganj, District - East Champaran. 2.

Shashi Bhushan Tiwari @ Bhushan Tiwari Son of Bachcha Tiwari @ Bacha Tiwari @ Shatrumardan Tiwari @ Shatrumardhan Tiwari Resident of Village - Kauwahan, P.S.- Govindganj, District - East Champaran. 3.

Arbind Tiwari Son of Bachcha Tiwari @ Bacha Tiwari @ Shatrumardan Tiwari @ Shatrumardhan Tiwari Resident of Village - Kauwahan, P.S.- Govindganj, District - East Champaran.

4.

Bhola Tiwari @ Ajuba Baba Son of Arbind Tiwari Resident of Village - Kauwahan, P.S.- Govindganj, District - East Champaran. ... ... Petitioners

Versus

1.

THE STATE OF BIHAR 2.

Awdhesh Singh @ Brajesh Kumar Singh Son of Bharat Singh Resident of Village - Janerwa, P.S.- Govindganj, Distt. - East Champaran. ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Surendra Kishore Thakur, Advocate For the Opposite Party :

Mr.Narendra Kumar Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2020 Heard learned counsel for the petitioners as well as learned counsel for the State.

Petitioners apprehend arrest in a case registered for the offences punishable under Section 323 and other allied sections of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case as no such occurrence took place between the parties and the instant case is counter blast of earlier case lodged by petitioner no.4 against the informant.

Considering the facts of the case, let the petitioners,

Patna High Court CR. MISC. No.1556 of 2020(2) dt.25-02-2020 2/2 above named, in the event of arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Areraj in Complaint Case No. C 1491/2018, tr no.1657/2018 on the following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T