Tribhuwan Narayan Singh @ Tribhuvan Nath Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22984 of 2017 Arising Out of PS.Case No. -133 Year- 1995 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Tribhuwan Narayan Singh @ Tribhuvan Nath Singh, son of Mangal Prasad Singh, resident of village-Mohamadpur, Balmi, P.S.-Motipur, District- Muzaffarpur.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 22-05-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Motipur P.S. Case No.133 of 1995 instituted for the offence under Section(s) 420, 467, 468 Indian Penal Code.
As per allegation in the written report filed by the Block Development Officer, Motipur, the then Block Development Officer informed that no election was held in Motipur West as Notified Area of PACS and if there is any signature on the electoral certificate, the same is false. The Chairman and Secretary of PACS were asked to produce the documents regarding election of President, but they could not produce the same. The police after investigation submitted Final Form in 2002 finding no material against the petitioner, but the Court below has taken cognizance in 2014 against the petitioner
Patna High Court Cr.Misc. No.22984 of 2017 (2) dt.22-05-2017 2/2 and others for the offence under Section(s) 420, 467, 468 Indian Penal Code.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Motipur P.S. Case No.133 of 1995, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, West, Muzaffarpur, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.