Allowed¶21

Pawan Tiwari @ Pawan v. the State of Bihar

Anticipatory bail – Section 438 CrPC

Patna HC18 Apr 2024CR. MISC./21554/2024

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Patna High Court, CRIMINAL MISCELLANEOUS No.21554 of 2024, decided 18-04-2024 by Justice Chandra Prakash Singh. Anticipatory bail (Section 438 CrPC) granted in Basopatti P.S. Case No. 186 of 2023, District Madhubani, for offences under Sections 324, 302, 120B IPC (murder of informant's father with tangi and iron rod). Petitioner Pawan Tiwari, brother of co-accused Shyam Tiwari, was alleged only of threatening to kill after a panchayati. Bail bond Rs. 20,000 with two sureties of like amount; conditions of Section 438(2) CrPC imposed; application allowed.

What did the court decide?

Anticipatory bail granted: petitioner to be enlarged on bail upon arrest/surrender within six weeks, on bail bond of Rs. 20,000 with two sureties of like amount each, subject to conditions under Section 438(2) CrPC. ¶21

Pawan Tiwari @ Pawan Vs the State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21554 of 2024

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Arising Out of PS. Case No.-186 Year-2023 Thana- BASOPATTI District- Madhubani

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

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PAWAN TIWARI @ PAWAN SON OF LATE JOKHAN TIWARI RESIDENT OF VILLAGE - PHENT, P.S. - BASOPATTI, DISTRICT - MADHUBANI

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravi Ranjan For the State : Mr.Ahmad Ali For the Informant : Mr. Shailendra Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 18-04-2024

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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The petitioner has preferred this application for grant of anticipatory bail in connection with Basopatti P.S. Case No. 186 of 2023, dated 19.08.2023, for the offences punishable under Sections 324, 302, 120B of the Indian Penal Code.

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As per prosecution case, the co-accused person is alleged to have assaulted on the head, hand and leg of the father of the informant with tangi and iron rod causing severe injuries on his head, hand and other parts of the body as a result he died and threw his body near Manokamna Nath Baba Temple. Prior to the said occurrence, the informant’s father, son and daughter

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Patna High Court CR. MISC. No.21554 of 2024(2) dt.18-04-2024 2/3

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were also assaulted for which a Panchayati was held about two and half months back and just after panchayati, the petitioner who is brother of co-accused Shyam Tiwari threatened the informant’s family to kill.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has been made accused in this case on the basis of suspicion as he is the brother of the co-accused Shyam Tiwari. There is no specific allegation of assault against the petitioner. No overtact is alleged to have committed by the petitioner. The specific allegation of assault is against the coaccused Shyam Tiwari. The only allegation against the petitioner is of threatening to kill.

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Learned APP for the State as well as learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioner.

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Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the

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Patna High Court CR. MISC. No.21554 of 2024(2) dt.18-04-2024 3/3

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like amount each to the satisfaction of the learned court concerned, Madhubani in connection with Basopatti P.S. Case No. 186 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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Ranjeet/-

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U T

Pawan Tiwari @ Pawan v. the State of Bihar

Case brief

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Pawan Tiwari @ Pawan v. the State of Bihar

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