Dhirendra Tiwari v. The State Of Bihar

Patna High Court Cr.Misc. No.33555 of 2017 (2) dt.21-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33555 of 2017 Arising Out of PS.Case No. -91 Year- 2017 Thana -THAKRAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Dhirendra Tiwari son of Late Devsharan Tiwari resident of Village - Thakraha, Police Station - Thakraha, District - West Champaran at Bettiah. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 21-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Thakraha Police Station Case No. 91 of 2017, disclosing offences under Sections 420, 467, 468 and 406 of the Indian Penal Code and Section 7 of the Essential Commodities Act. Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has been made accused in this case merely on the ground of suspicion, which is evident from F.I.R. itself and except suspicion, there is nothing against the petitioner. Moreover, co-accused, Prem Chand Tiwari @ Prem Chandra Tiwari, having more or less similar

Patna High Court Cr.Misc. No.33555 of 2017 (2) dt.21-07-2017 allegation, has also been granted anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No. 32407 of 2017. Hence, the petitioner also deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 Additional Chief Judicial Magistrate, Bagaha, West Champaran at Bettiah in connection with Thakraha Police Station Case No. 91 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Arvind Srivastava, J) brajesh/- U T