Krishna Kant Tiwari Vs the State of Bihar — Patna HC (2024) — LawSathi Research

Krishna Kant Tiwari Vs the State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: on arrest or surrender within six weeks, petitioner to be released on bail on furnishing bail-bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar, in connection with Buxar (M) P.S. Case No.19 of 2023, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner Krishna Kant Tiwari in respect of Buxar (M) P.S. Case No.19 of 2023, registered for offences punishable under Sections 147, 148, 149, 341, 323, 307, 427, 435, 436, 153 IPC, in anticipation of his arrest.

Court's answer

Considering the submissions made by the learned counsel for the petitioner, the court directed that, in the event of his arrest or surrender before the learned Court below within a period of six weeks, the petitioner be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (M) P.S. Case No.19 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

The anticipatory bail application stands allowed.

Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J., oral order dated 09-04-2024, Crl. Misc. No.19515 of 2024) allowed an anticipatory bail application of Krishna Kant Tiwari in connection with Buxar (M) P.S. Case No.19 of 2023, registered for offences punishable under Sections 147, 148, 149, 341, 323, 307, 427, 435, 436 and 153 of the IPC. Counsel submitted that the petitioner had antecedents of six cases, all instituted by Power Grid and the Circle Officer; that his and others' land had been acquired by Power Grid Corporation of India and they were protesting non-payment of due compensation; and that in the present case he had been implicated with about 250 people allegedly protesting against STPL and the local administration. The learned APP opposed the application. Directing release on bail upon arrest or surrender within six weeks, on bail-bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar, subject to Section 438(2) Cr.P.C. conditions, the court allowed the application.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19515 of 2024

Arising Out of PS. Case No.-19 Year-2023 Thana- BUXAR MUFFSIL District- Buxar

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

KRISHNA KANT TIWARI S/O- BIHARI TIWARI R/O- VILLAGEBANARPUR, P.S.- BUXAR MUFFASIL, DIST.- BUXAR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr.Ravi Shankar Pathak, Advocate For the Opposite Party/s : Mr.Suman Kumari Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 09-04-2024

Heard learned counsel for the petitioner as well as

learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 427, 435, 436, 153 of the IPC.

The learned counsel for the petitioner submits that petitioner has antecedent of six cases but then all FIR have been instituted by Power Grid and Circle Officer. It is next submitted that land of the petitioner along with other were acquired by the Power Grid Corporation of India and as such the petitioner along with other person whose land were acquired were protesting as they were not getting the due compensation.

It is thus submitted that whenever the petitioner along with other used to protest they came to be implicated in

Patna High Court CR. MISC. No.19515 of 2024(2) dt.09-04-2024 2/2

one or the other case which have been detailed at para-3 of the anticipatory bail application. It is further submitted that in the instant case also the petitioner has been implicated along with 250 people alleging that they were protesting against STPL and and local administration.

The learned APP opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (M) P.S. Case No.19 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J)

Prakash Narayan U T