Allowed

Shivam Tiwary @ Sanskar Tiwary v. the State of Bihar

Patna HC2 Aug 2024CR. MISC./31188/2024

Case brief

AI extract

What is this about?

Petitioner seeking anticipatory bail against arrest in a criminal case involving offences of riot, assault, molestation, and attempt to murder. Court granted anticipatory bail subject to conditions.

What did the court decide?

Petitioner enlarged on anticipatory bail on furnishing Rs. 20,000 bail bond with two sureties of like amount, to appear in case of arrest within six weeks.

Shivam Tiwary @ Sanskar Tiwary Vs the State of Bihar — Quashing and FIR | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31188 of 2024

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Arising Out of PS. Case No.-552 Year-2023 Thana- ARA NAWADA District- Bhojpur

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

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SHIVAM TIWARY @ SANSKAR TIWARY S/O RAKESH ROUSHAN TIWARY @ MUNNA TIWARY @ MUNNA R/O VILLAGE- CHANDWA, P.S.- ARA NAWADA, DIST.- BHOJPUR AT ARA

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR BIHAR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Tej Pratap Singh, Adv. For the Opposite Party/s : Mr.Ram Naresh Ray, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 02-08-2024

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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3. The petitioner is apprehending his arrest in connection with Ara Nawada (Nawada) P.S Case No. 552/2023 dated 30.07.2023 registered for the offences punishable under Sections 147, 341, 323, 324, 325, 336, 354C, 307, 447, 448, 504, 506 and 379 of the Indian Penal Code.

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4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have started throwing bricks and stone at the informant's house. When the informant objected, then all the accused persons holding rods and sticks entered the house and assaulted the informant's younger son, with steel rod on his waist. When the informant's second son

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Patna High Court CR. MISC. No.31188 of 2024(2) dt.02-08-2024 2/3

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went for rescue, the accused persons assaulted him with lathi, danda and the co-accused, Sanjay Tiwari assaulted him with farsa which caused cut injury near the right ear and his stomach and blood started oozing out from his stomach. Further, all the accused persons assaulted and injured the informant's husband. The co-accused, Lalan Tiwari and Rakesh Raushan Tiwari molested the informant and the co-accused, Sushila, Meena, Sangita, Sandhya and Puja assaulted and snatched the informant's golden chain. The co-accused, Lalan Tiwary tried to outrage the modesty of the informant's daugtherin-law. Thereafter, they ran away after giving threat.

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5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case on account of land dispute. Learned counsel has further submitted that the injuries of the injured are simple in nature. It is further submitted that the petitioner’s side have also sustained injuries. There is general and omnibus allegation of assaulting on the waist of Shankar Tiwari against the petitioner and the coaccused persons. The co-accused persons have already been granted anticipatory bail by this court vide order dated 13.12.2023 passed in Cr. Misc. No. 75575 of 2023. The petitioner has no criminal antecedent as stated in para 3 of the

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Patna High Court CR. MISC. No.31188 of 2024(2) dt.02-08-2024 3/3

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bail petition.

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6. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioner. It is further submitted that the injury of Shankar Tiwari is grievous in nature. Hare Krishna Tiwari Sustained pain on both shoulder.

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7. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation, 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 like amount each to the satisfaction of learned Court concerned, Ara in connection with Ara Nawada (Nawada) P.S Case No. 552/2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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8. This application stands allowed.

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(Chandra Prakash Singh, J)

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Gautam/-

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U T

Shivam Tiwary @ Sanskar Tiwary v. the State of Bihar

Case brief

What is this about?

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Shivam Tiwary @ Sanskar Tiwary v. the State of Bihar

Case brief

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