IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62376 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- PAKRIDAYAL District- East Champaran ====================================================== 1. Chandan Tiwari S/o Mirtunjay Tiwari R/O-Majhauliya,P.S-Pakaridayal, District- East champaran at Motihari 2. Kundan Tiwari S/o Late Mrityunjay Tiwari @ Mirtunjay Tiwari R/O- Majhauliya,P.S-Pakaridayal, District- East champaran at Motihari 3. Sanjeev Tiwari S/o Harishankar Rai R/O-Majhauliya,P.S-Pakaridayal, District- East champaran at Motihari 4. Santosh Tiwari S/o Harishankar Tiwari R/O-Majhauliya,P.S-Pakaridayal, District- East champaran at Motihari 5. Harishankar Tiwari S/o Late Rambhajan Tiwari R/O-Majhauliya,P.S- Pakaridayal, District- East champaran at Motihari 6. Amod Tiwari S/o Late Ramdeo Tiwari R/O-Majhauliya,P.S-Pakaridayal, District- East champaran at Motihari 7. Ravindra Rai S/o Sheoshankar Rai R/O-Majhauliya,P.S-Pakaridayal, District- East champaran at Motihari 8. Birendra Rai S/o Surendra Rai R/O-Majhauliya,P.S-Pakaridayal, District- East champaran at Motihari 9. Ramashankar Rai S/o Late Chandradeo Rai R/O-Majhauliya,P.S- Pakaridayal, District- East champaran at Motihari ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashank Shekhar, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 4 24-01-2025 Heard learned counsel for the petitioners, learned APP for the State and perused the case diary. 2. The petitioners apprehend arrest in connection with Pakaridayal P.S. Case No. 102 of 2024, instituted for the offences punishable under Sections 147, 148, 149, 323, 324, Patna High Court CR. MISC. No.62376 of 2024(4) dt.24-01-2025 2/4 307, 336, 457, 380, 354(B), 427 and 504 of the Indian Penal Code. 3. The prosecution case, in short, is that, over a trivial dispute, seventeen accused persons being variously armed intruded in the house of the informant, where after the accused persons assaulted him by means of iron rod, knife, etc. It is also alleged that they have taken away some articles. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Learned counsel for the petitioners also submits that no specific allegation has been attributed against these petitioners. The allegations levelled against these petitioners are general and omnibus in nature. The present case has been lodged due to an exaggerated version of a scuffle which took place between the parties in the backdrop of a long existing dispute. It is next submitted that there is case and counter case between the parties. The injuries received by the injured persons are simple and on non-vital parts of the body. Petitioner Nos. 1, 4, 6, 7 and 9 have got no criminal antecedent, petitioner nos. 2 and 3 have got one criminal antecedent and petitioner no. 8 has got three criminal antecedents. Learned counsel for the petitioners further submits that similarly situated co-accused Patna High Court CR. MISC. No.62376 of 2024(4) dt.24-01-2025 3/4 have been granted regular bail by this Court vide order dated 21.09.2024 passed in Cr. Misc. No. 50025 of 2024. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners and submitted that specific allegation of assault is against petitioner no. 5, namely, Harishankar Tiwari who gave iron rod blow to the informant and petitioner no. 6, namely, Amod Tiwari who gave knife blow to the son of the informant due to which they have sustained injuries. Hence, petitioner nos. 5 and 6 do not deserve the privilege of anticipatory bail. 6. Having considered the rival submissions made on behalf of the parties, taking into account the specific allegation against petitioner nos. 5 and 6, this Court is not inclined to grant anticipatory bail to petitioner nos. 5 and 6. So far as remaining petitioners, i.e. petitioner nos. 1, 2, 3, 4, 7, 8 and 9, are concerned, this Court is inclined to grant anticipatory bail to petitioner nos. 1, 2, 3, 4, 7, 8 and 9. 7. Accordingly, the prayer for grant of anticipatory bail to petitioner no. 5, namely, Harishankar Tiwari and petitioner no. 6, namely, Amod Tiwari, are hereby, rejected. 8. So far as petitioner nos. 1, 2, 3, 4, 7, 8 and 9, are concerned, let the petitioners (petitioner nos. 1, 2, 3, 4, 7, 8 and Patna High Court CR. MISC. No.62376 of 2024(4) dt.24-01-2025 4/4 9), above named, in the event of arrest/surrender before the learned Court below 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 Court below/concerned Court in connection with Pakaridayal P.S. Case No. 102 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Rajorshi/- (Rudra Prakash Mishra, J) U T