Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 30186 (PAT)

Aditya Kumar Tiwari @ Aditya Tiwari v. The State of Bihar

CR. MISC./19605/2025 · 2025-04-23

Satyavrat Verma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19605 of 2025 Arising Out of PS. Case No.-52 Year-2024 Thana- NAANPUR District- Sitamarhi ====================================================== 1. Aditya Kumar Tiwari @ Aditya Tiwari Son of Munna Kumar Tiwari Resident of village- Mangolapur Mathiya, District- saran, Bihar at present resident at janipur, P.s.- Nanpur, District- sitamarhi Bihar 2. Deepak Kumar @ Deepak Raj son of Som Kumar village- Manpur, Ps- Manpur, Dist- Gaya Bihar at P/A- At Janipur, Ps- Nanpur, Dist- Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Mohan Singh For the Opposite Party/s : Mr. Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 23-04-2025 1. Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 324, 325, 504, 506 and 34 of the Indian Penal Code and later Section 307 of the IPC has been added. 3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are hostlers and from perusal of the allegation as alleged in the FIR, it would manifest that the informant alleges that he was assaulted by Aditya Srivastava by butt of a gun on head and Abhishek assaulted him by rod and log on head causing injury. Patna High Court CR. MISC. No.19605 of 2025(2) dt.23-04-2025 2/3 4. Learned counsel for the petitioners next submits that no specific allegation of assault is alleged against the petitioners, but then the allegation of assault, against other accused persons including the petitioners, is general and omnibus in nature. It is also submitted that petitioners are student and a fight had ensued in the hostel leading to the occurrence in which both sides assaulted each other. It is also submitted that petitioner no. 1 and petitioner no. 2 are aged about 21 and 20 years respectively and are persons with clean antecedent and in the event if they are sent to judicial custody, their entire career would get jeopardized and chances are bright that they may come in contact with hardened criminals in jail. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners. 6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, 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 Nanpur Patna High Court CR. MISC. No.19605 of 2025(2) dt.23-04-2025 3/3 (Sitamarhi) P.S. Case No. 52 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 7. One of the bailors of the petitioners shall be their respective father, Munna Kumar Tiwari and Som Kumar. Rishabh/- (Satyavrat Verma, J) U T