Single judge allowed the petitioner anticipatory bail in a criminal case involving IPC offences, finding no specific accusation against him and confirming no criminal antecedents.
Petitioner released on anticipatory bail upon surrender within 12 weeks by furnishing a bond of Rs. 10,000 and two sureties of the same amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.67940 of 2018
Arising Out of PS. Case No.-80 Year-2018 Thana- DHANAHA District- West Champaran
======================================================
Pintu Tiwari Son of Balister Tiwari, Resident of Village-Tunihava, P.S. Dhanha, District-West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Suresh Prasad Sharma For the Opposite Party/s : Mr. Ram Sevak Choudhary ======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 14-12-2018 Heard learned counsels for the parties.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,342,323,324,307,379 and 504/34 of the IPC.
The prosecution case as per the written report of Premchand Kushwaha submitted to the SHO, Dhanaha Police Station is to the effect that on 2.5.2018 at about 1.30 A.M., when the informant was returning after watching orchestra program, in the meantime, all the accused persons surrounded and assaulted the informant. When cousin brother of the informant namely Rajesh Kushwaha came to rescue him, then he was also assaulted. Specific accusation of assault has been levelled against co-accused Deepak Tiwari who assaulted Rajesh
Patna High Court Cr.Misc. No.67940 of 2018(2) dt.14-12-2018 2/3
Kushwaha with Garasi and co-accused Nippu Tiwari assaulted the informant with lathi on his hand causing them bleeding injury. It is further alleged that co-accused Rintu Tiwari took out Rupees Five Thousand from the informant’s pocket.
It is submitted by learned counsel for the petitioner that the specific accusation of assault is against coaccused Deepak Tiwari and Nippu Tiwari who have been granted bail by a Bench of this Court vide Cr. Misc. No. 39546 of 2018.
Learned APP submits that the petitioner is named in the FIR.
Considering the fact that there is no specific accusation of assault against the petitioner coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM Ist, Bagaha, West Champaran in connection with Dhanaha P.S. Case No. 80 of 2018
Patna High Court Cr.Misc. No.67940 of 2018(2) dt.14-12-2018 3/3
subject to the conditions laid down in Section 438(2) of
the Cr.P.C.
(Dinesh Kumar Singh, J)
anil/-
U
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner who is apprehending arrest but has no specific accusation against him?
1 provisions across 1 enactments
Pintu Tiwari
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
