Prakash Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4347 of 2017 Arising Out of PS.Case No. -618 Year- 2016 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Prakash Tiwari, son of Surendra Tiwari, resident of Mohalla-Chandmari, P.S.-Motihari Town, District-East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Turkaulia (Banjaria) P.S. Case No.618 of 2016 instituted for the offence under Sections 406 and 420/34 of the Indian Penal Code.

It is alleged that the petitioner with other accused persons, who are alleged to be members of Manav Kalyan Trust, took Rs.1200/- from the informant and other persons in May, 2016 for sanction of loan under Pradhan Mantri Mudra Loan. It is further stated that after 15 days, they again took Rs.5000/- for grant of aforesaid loan. Thereafter, informant learnt that no money is required to be paid for sanction of the aforesaid loan and has alleged that the petitioner cheated him.

It has been submitted that the petitioner has no

Patna High Court Cr.Misc. No.4347 of 2017 (2) dt.10-02-2017 concern with Manav Kalyan Trust. The informant has stated in the written report that office was closed when he went to enquire about the loan and money paid by him to the petitioner. From the written report itself it appears that this petitioner has been named merely on suspicion. There is no supporting document to show that he was the office bearer of the aforesaid trust as alleged by the informant. Petitioner is said to be in custody since 23.12.2016.

In view of such, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Turkaulia (Banjaria) P.S. Case No.618 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) Arvind/- U T