Patna High Court - Orders
Bibek Tiwari vs The State Of Bihar on 21 January, 2022
Author: Sunil Kumar Panwar
Bench: Sunil Kumar Panwar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25854 of 2021
Arising Out of PS. Case No.-220 Year-2020 Thana- SISWAN District- Siwan
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Bibek Tiwari, Son Of Bhrigunath Tiwari, R/O Village- Tarenwa Madhopur,
P.S.- Siswan, Dist.- Siwan ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Ajay Kumar Pandey, Advocate
For the Opposite Party/s : Mr.Parmanand Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
2 21-01-2022This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Siswan P.S. Case no. 220 of 2020 instituted for the offence under Sections 341, 323, 324, 307, 379, 34 of the Indian Penal Code.
As per allegation in the FIR, some of the accused persons ambushed near the Braham Baba Asthan and when the informant reached there, the petitioner along with three other co-accused persons assaulted the informant with khanti, daabi and iron rod resulting into his head injury.
Learned counsel appearing on behalf of the petitioner Patna High Court CR. MISC. No.25854 of 2021(2) dt.21-01-2022 2/2 has submitted that petitioner has falsely been implicated in the case. General and omnibus allegations have been levelled against the petitioner. Injury report is not supporting the prosecution case as in the FIR, there is allegation of assault by four persons repeatedly but in injury report there is only one head injury which shows that there is no repeated blow by the petitioner. He has got no criminal antecedent.
Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Siswan P.S. Case no. 220 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Siwan subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) sushma/-
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