Chandeshwar Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.349 of 2015 Arising Out of PS.Case No. -315 Year- 2014 Thana -PIRO District- BHOJPUR ====================================================== Chandeshwar Tiwary, Son of Late Dwarika Tiwary, Resident of Village - Bhatsera, Police Station - Tarari in the district of Bhojpur, presently posted as Panchayat Sewak (Sachiv), Koilwar Anchal, Police Station - Koilwar in the district of Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma, Advocate. For the Opposite Party/s : Mr. Anuradha Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-01-2015 Heard both sides.

The petitioner apprehends his arrest in Piro P.S. Case No. 315 of 2014, registered for the offences punishable under Sections 409, 420 and 34 of the Indian Penal Code. The BDO Piro lodged a case making allegation about irregularities and illegality committed in purchasing solar lights. Learned counsel for the petitioner submits that at the relevant time the petitioner was Panchayat Sewak and he was not entrusted to purchase the solar lights. Panchayat Samiti is authorized to purchase solar lights. Some solar lights were purchased after following due process of purchase. There was no direction to purchase solar lights from any particular company. Having considered the facts aforesaid, the petitioner,

Patna High Court Cr.Misc. No.349 of 2015 (2) dt.07-01-2015 in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bhojpur at Ara in connection with Piro P.S. Case No. 315 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Jha, J.) KKSINHA/- U T