Suresh Tiwari And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57106 of 2017 Arising Out of PS.Case No. -272 Year- 2017 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Suresh Tiwari S/o Late Baidhnath Tiwari R/o Village - Karanmeya, P.S. - Bettiah Muffasil, District - West Champaran.
2. Mukhlal Chaudhary Son of Late Bharat Chaudhary R/o Village - Khadda, P.S. - Nautan, District - West Champaran. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-12-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Majhaulia P.S. Case no. 272 of 2017, registered under Sections 420, 406, 387 and 506/34 of the Indian Penal Code. The accusation is that petitioner No.1 being the Manager of Patrol pump of the informant Rohit Kumar was handed over signed cheque book by the informant for payment as required from 13.07.2017, patrol and diesel of Rs. 20 Lakhs was received at the patrol pump, but sale price of the patrol & diesel as received at petrol pump was misappropriated by the petitioner No.1 being the Manager and he left the patrol pump. When two employees of the informant reached at the house of petitioner No.1 then he was found absent in
Patna High Court Cr.Misc. No.57106 of 2017 (2) dt.08-12-2017 2/2 his house and his family members become furious and caused assault to the employees. Thereafter, informant went to the Patrol pump then Nosalman, namely, Raja Sah and Mukhlal Chaudhary (Petitioner No.2) were also found absent without giving any information to him. Having regard to the facts and circumstances of the case, let the petitioner No.2 Mukhlal Chaudhary, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 272 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
So far as petitioner No.1 Suresh Tiwari is concerned, having considered the facts and circumstances of the case and the nature of allegation against him, I am not inclined to grant anticipatory bail to the petitioner No.1 Suresh Tiwari. Accordingly, his prayer for grant of anticipatory bail stands rejected.
(Rajendra Kumar Mishra, J) manish/- U T