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Upendra Tiwary vs The State Of Bihar on 2 May, 2019

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18374 of 2019
Arising Out of PS. Case No.-948 Year-2018 Thana- AHIYAPUR District- Muzaffarpur

1. UPENDRA TIWARY Son of Late Kameshwar Tripathi @ Tiwary Resident
of Village and P.O.- Kalupakar, P.S.- Phanhara, District- East Champaran at
Motihari.
2. Harendra Tiwari Son of Late Kameshwar Tripathi @ Tiwary Resident of
village and P.O.- Kalupakar, P.S.- Phanhara, District- East Champaran at
Motihari.
3. Devendra Tiwary Son of Late Kameshwar Tripathi @ Tiwary Resident of
Village and P.O. Kalupakar, P.S.- Phanhara, District- East Champaran at
Motihari.
4. Chinta Devi @ Chintamani Devi Wife of Sri Upendra Tiwary Resident of
Village and P.O- Kalupakar, P.S.- Phanhara, District- East Champaran at
Motihari.

… … Petitioner/s
Versus
The State of Bihar

… … Opposite Party/s

Appearance :
For the Petitioner/s : Mr.Shyama Kant Singh
For the Opposite Party/s : Mr.Dashrath Mehta

CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
ORAL ORDER

3 02-05-2019 Heard learned counsel for the petitioners and learned APP
for the State.

2. The petitioners apprehend their arrest for the offences alleged
under Section 406 IPC registered in connection with Ahiyapur P.S. Case
No. 948/2018.

3. It is submitted that the petitioners have been falsely implicated
and in any event from a perusal of the averments in the FIR, the
dispute between the parties is merely of civil nature. There is
inordinate delay in institution of the FIR on 05.09.2018 for the alleged
occurrence of 10.06.2016. The FIR has been lodged in retaliation to
the petitioners’ Complaint Case No. 1385 of 2018 which had been filed
in the backdrop of a civil dispute. Petitioner nos. 1, 2 and 3 have been
made accused in Phanhara P.S. Case No. 7/2003 whereas petitioner no.
Patna High Court CR. MISC. No.18374 of 2019(3) dt.02-05-2019
2/2

4 claims clean antecedents.

4. Be that as it may, in the event of the petitioners’ arrest or
surrender before the court below within six weeks from the date of
communication of this order, let the above named petitionera be
released on bail on furnishing bail bond of Rs.10,000/- (ten thousand)
each with two sureties of like amount each to the satisfaction of
learned CJM, Muzaffarpur in connection with Ahiyapur P.S. Case No.
948/2018, subject to the conditions as laid down under Section 438
(2) SectionCr.P.C. and also subject to the following further conditions:

i. That one of the bailors shall be a close relative of the petitioners.

ii. That the petitioners shall not indulge in any similar offence till
conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not
already concluded, and make themselves available as and when so
required and in case of failure, the State shall be at liberty to move for
cancellation of bail.

iv. The petitioner nos. 1, 2 and 3 shall remain physically present
and petitioner no. 4 shall be well represented in Court on each and
every date during trial and in the event of failure on two consecutive
dates without sufficient reason, their bail bonds shall be liable to be
cancelled by the learned Court concerned.

(Vikash Jain, J)

Chandran/-

U T

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