Partly allowed

Rama Shankar Tiwary v. The State of Bihar

Patna HC21 Sept 2022CR. MISC./15514/2022

Case brief

AI extract

What is this about?

This order deals with an anticipatory bail application in a criminal case arising from a land dispute. The court granted permission to withdraw the application for two petitioners. It then framed specific anticipatory bail conditions for five other petitioners if they surrender within six weeks.

What did the court decide?

Permission to withdraw application for petitioners 1 and 6 accorded. Anticipatory bail granted for petitioners 2, 3, 4, 5, and 7 subject to surrender within 6 weeks and furnishing bond.

Rama Shankar Tiwary Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15514 of 2022

¶2

Arising Out of PS. Case No.-455 Year-2021 Thana- BIKRAMGANJ District- Rohtas

¶3

======================================================

¶4

RAMA SHANKAR TIWARY Son of Late Girja Nand Tiwary Resident of Village - Indrath (Khurd), P.S.- Bikramganj, District - Rohtas.

¶5

UMA SHANKAR TIWARY Son of Late Girja Nand Tiwary Resident of Village - Indrath (Khurd), P.S.- Bikramganj, District - Rohtas.

¶6

MANOJ TIWARY son of Late Bishwanath Tiwary Resident of Village - Indrath (Khurd), P.S.- Bikramganj, District - Rohtas.

¶7

AKHILESH TIWARY Son of Late Bishwanath Tiwary Resident of Village - Indrath (Khurd), P.S.- Bikramganj, District - Rohtas.

¶8

JHARIMAN TIWARY Son of Late Bishwanath Tiwary Resident of Village - Indrath (Khurd), P.S.- Bikramganj, District - Rohtas.

¶9

KRISHNA MISHRA @ KRISHNAND MISHRA Son of Late Paras Nath Mishra Resident of Village - Indrath (Khurd), P.S.- Bikramganj, District - Rohtas.

¶10

RAJESHWAR MISHRA Son of Late Paras Nath Mishra Resident of Village - Indrath (Khurd), P.S.- Bikramganj, District - Rohtas.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶15

======================================================

¶16

Appearance : For the Petitioner/s : Mr. Shankar Kumar, Advocate For the Opposite Party/s : Mr. Nand Kishore Prasad, A.P.P. ======================================================

¶17

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶18

2 21-09-2022 Heard learned counsel for the petitioners and learned

¶19

A.P.P. for the State.

¶20

Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application with respect to petitioner nos. 1 and 6 as they have been arrested during pendency of the present anticipatory bail application.

¶21

Permission is accorded.

¶22

The petitioners apprehend their arrest in a case

¶23

Patna High Court CR. MISC. No.15514 of 2022(2) dt.21-09-2022 2/3

¶24

registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379, 385, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

¶25

The informant alleges that on 13.12.2021 all the 11 accused persons, including the petitioners, came variously armed at her field and started ploughing the same with tractor to which the husband of the informant objected, it is next alleged that all the accused persons with their arms repeatedly assaulted by which six victims were injured and even fired in the air, it is further alleged that the accused persons also asked for extortion of Rs. 25,00,000/- in lieu of the said land or they would be killed.

¶26

Learned counsel for the petitioners submits that admittedly petitioners are not criminals, the present occurrence took place on account of dispute relating to land. Learned counsel further submits that the land which the informant is claiming to be hers was purchased by the side of the petitioner from the land owners, it is thus submitted that petitioner is claiming the land as their and the informant is claiming that the land belongs to her and her family members, it is also submitted that there is no specific allegation of assault against any of the petitioners rather the allegation of assault is general and omnibus in nature, it is also submitted that two persons have suffered grievous injuries but one injured has grievous injury on his right

¶27

Patna High Court CR. MISC. No.15514 of 2022(2) dt.21-09-2022 3/3

¶28

finger and one injured has grievous injury near his cheek. Learned counsel next submits that from the side of the petitioners also Bikramganj P.S. Case No. 451 of 2021 was instituted and thus the present case came to be instituted by a way of a counter blast, it is also submitted that from the side of the petitioners even injured suffered injuries though they are simple in nature.

¶29

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

¶30

Considering the submissions made by the learned counsel for the petitioners, the petitioner nos. 2, 3, 4, 5 and 7, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bikramganj P.S. Case No. 455 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

¶31

(Satyavrat Verma, J)

¶32

gauravkr/-

¶33

U T

Rama Shankar Tiwary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rama Shankar Tiwary 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

Sharda Devi @ Sharda Devi Vs the State of Bihar

Bablu Mallah Vs The State of Bihar

Kailash Mahto Vs the State of Bihar

Ganesh Kewat Vs the State of Bihar

Amit Kumar Vs The State of Bihar

Vimlesh Yadav @ Vimlesh Kumar Vs The State of Bihar