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2024 Supreme(Pat) 211

RAJIV ROY
Sri Yamuna Tiwari – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: M/s Prabhakar Nath Rai, Tanushri.
For the Opp. Party : M/s Rashmi Jha,
Nos. 2 to 4 Abhishek Kumar.
For the State : Mr. Bharat Bhushan, APP.

Rajiv Roy, J. – The question that has been raised in the present petition is as to whether the anticipatory bail granted to the opposite parties herein need to be cancelled in view of the averment by the petitioner that the process under Section 83 of the Cr.P.C. was executed by the Police on 26.02.2024 which was suppressed by the opposite parties herein when they approached the High Court for the grant of anticipatory bail.

2. Chiraiya P.S. Case no. 218 of 2022 was instituted under Sections 341, 323, 307, 354, 379, 504 and 34 of the Indian Penal Code on 09.05.2022 by the informant, Yamuna Tiwari @ Braj Bihari Tiwari.

3. The allegation in the FIR is that on 07.05.2022, as the informant’s son Surendra Tiwari objected Dhrup Narayan Tiwari who had started construction on a government land, his son, Sonu Tiwari gave ‘khanti’ blow on his head, was badly injured and collapsed on the ground. When the informant’s younger son and daughter-in-law came to his rescue, the allegation against Dhrup Narayan Tiwari is of giving ‘iron rod’ blow to the informant’s younger son, Upendra Tiwari. The allegation against the opposite party no. 2 to 4 as also six others is/are of assaulting the informant’s d

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