Allowed

Banti Tiwari @ Rajanish Tiwary v. The State of Bihar

Patna HC23 Dec 2022CR. MISC./62745/2022

Case brief

AI extract

What is this about?

This common order grants anticipatory bail to two petitioners in a criminal case involving assault and arson offences. The court observed allegations were general, no occurrence likely, and FIR was lodged with abnormal delay. Bail granted pending surrender within six weeks.

What did the court decide?

Released on bail within six weeks if arrested or surrender, furnishing bond of Rs.25,000 with two sureties under Section 438(2) Cr.P.C.

Banti Tiwari @ Rajanish Tiwary Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62528 of 2022

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Arising Out of PS. Case No.-55 Year-2022 Thana- THAKRAHA District- West Champaran

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====================================================== UJWAL TIWARI @ UJWAL KUMAR TIWARI S/O LATE BIRENDRA TIWARI @ BIRENDRA TIWARI R/v- Thakraha Bazari Tola, P.S.- Thakraha, District- West Champaran

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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

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WITH

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CRIMINAL MISCELLANEOUS No. 62745 of 2022

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Arising Out of PS. Case No.-55 Year-2022 Thana- THAKRAHA District- West Champaran

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====================================================== BANTI TIWARI @ RAJANISH TIWARY Son of Pramod Tiwari Resident of village - Thakraha Bazari Tola, P.S. - Thakraha, District - West Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 62528 of 2022) For the Petitioner/s : Mr. Milind Kumar Mishra For the Opposite Party/s : Mr. Amitesh Kumar (In CRIMINAL MISCELLANEOUS No. 62745 of 2022) For the Petitioner/s : Mr. Milind Kumar Mishra For the Opposite Party/s : Mr. Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 23-12-2022 As both these bail applications have cropped up from

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the same police station case number, hence, with consent of parties, they are being heard together and disposed of by this common order.

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Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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Patna High Court CR. MISC. No.62528 of 2022(2) dt.23-12-2022 2/3

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The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307 & 504 of the Indian Penal Code.

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While the son of the informant had gone to see orchestra, all the F.I.R. named accused persons including these petitioners are said to have assaulted him by means of lathi, farsa, sword and iron rod with an intention to kill him.

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It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. The injury sustained by the victim is simple in nature. There is inordinate and abnormal delay of two days in lodging the F.I.R. without assigning any plausible and convincing reason for the said delay.

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Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in

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Patna High Court CR. MISC. No.62528 of 2022(2) dt.23-12-2022 3/3

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connection with Thakraha P.S. Case No.55 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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Trivedi/-

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U T

Banti Tiwari @ Rajanish Tiwary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Banti Tiwari @ Rajanish Tiwary v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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