Allowed

Ganga Pujan Tiwari v. The State Of Bihar

Patna HC2 Jul 2014CR. MISC./27203/2014

Case brief

AI extract

What is this about?

This is an oral order granting pre-arrest bail to Ganga Pujan Tiwari, an 80-year-old first offender, in a criminal case alleging assault and attempted murder. The plea successfully argued the victim's criminal history and the injury being simple bruises, with the prosecutor offering no opposition to the bail application.

What did the court decide?

Released on bail on furnishing a bond of Rs. 10,000 with two sureties.

Ganga Pujan Tiwari Vs The State Of Bihar — Anticipatory Bail | Patna HC (2014)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27203 of 2014

¶2

Arising Out of PS.Case No. -125 Year- 2013 Thana -MOHAMMADPUR District- GOPALGANJ

¶3

====================================================== Ganga Pujan Tiwari .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 2 02-07-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks pre-arrest bail in a case registered under Sections 342, 323, 307, 387, 379 and 504 of the Indian Penal Code.

¶4

Allegedly the petitioner took away the son of the informant with him to his Dalan and started assaulting him with fists and slaps and further he tied him with rubber rope in his neck with an intention to kill him and when the informant asked, the petitioner demanded Rs 2 lacs as Rangdari. When his other son came to save Sumesh, the petitioner fled away with his mobile.

¶5

Submission at the Bar for pre-arrest bail is that the victim has got criminal history and the learned Sessions Judge has committed an error of record by referring para 38 of the case diary. The injury found is simple i.e bruise size about ½” x 4”

¶6

Patna High Court Cr.Misc. No.27203 of 2014 (2) dt.02-07-2014

¶7

¶8

present on middle part in left side of neck and pain and swelling in both wrist region. It has further been submitted that the petitioner is aged about 80 years having no criminal antecedent whereas the victim is a veteran criminal. The allegation of theft is super addition and as such the petitioner deserves sympathetic consideration to which learned A.P.P. does not oppose.

¶9

In the facts and circumstances, as stated above, in the event of arrest or surrender in the court below, within one month, the petitioner, Ganga Pujan Tiwari, shall 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 C.J.M., Gopalganj, in Mohammadpur P.S.Case No. 125/2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.

¶10

(Jitendra Mohan Sharma, J)

¶11

singh/-

¶12

Ganga Pujan Tiwari v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Ganga Pujan Tiwari v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ram Kumar Yadav Vs The State Of Bihar

Ranjeet Paswan Vs The State Of Bihar

Gobinda Manjhi Vs The State Of Bihar

Shantnu Sinha Vs State Of Bihar and Anr.

Kishore Rai Vs The State Of Bihar

Brahamdeo Yadav @ Brahmdeo Yadav and Ors. Vs The State Of Bihar