Dewanand Tiwari @ Dayanand Tiwari v. The State Of Bihar

Patna High Court Cr.Misc. No.34602 of 2017 (2) dt.26-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34602 of 2017 Arising Out of PS.Case No. -1237 Year- 2016 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Dewanand Tiwari @ Dayanand Tiwari Son of Kripa Shankar Tiwari, R/o Village- Mokar, P.S.- Agrer, District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Sasaram (T) (Agrer) P.S. Case No. 1237 of 2016 instituted for the offence under Sections353, 506 of the Indian Penal Code. It is alleged in the written report that the informant along with police personnel during vehicle checking, apprehended three Haiwa truck loaded with chips and demanded papers relating to stone chips for verification, which was handed over to him by the drivers and he sent the said challan for verification to the forest department. In the meantime, the petitioner arrived there and told that without getting order of higher officer, he conducted the vehicle checking which is wrong and also gave threat to the informant. In this manner, he obstructed in discharging the official duty.

From the written report, it appears that there is general and

Patna High Court Cr.Misc. No.34602 of 2017 (2) dt.26-07-2017 omnibus allegation against the petitioners.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Sasaram (T) (Agrer) P.S. Case No. 1237 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Sasaram subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (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.

(Sanjay Priya, J) A.K.V./- U T