Nirbhay Tiwari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30456 of 2018 Arising Out of PS.Case No. -241 Year- 2017 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================
1. Nirbhay Tiwari, S/o- Kamakhya Tiwari, R/o Village- Kolhuwa, P.O.- Karnpura, P.S.- Marhaura, District- Saran, A/P- Nagina Singh Lane Dahiyawan, P.S.- Town Chapra, District- Saran. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Kashinath Bhagat, S/o- Satyadeo Prasad, R/o Village- Marhaura, P.S.- Marhaura, District- Saran (Chapra), A/p- Chhatradhari Bazar, P.S. Bhagwan Bazar, District- Saran.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate For the Opposite Party/s : Mr. Nawal Kishore Pd., APP Mr. Ravi Shankar Pankaj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the Opposite Party No.2. Petitioner apprehends his arrest in Complaint Case No.241 of 2017 instituted for the offence under Section(s) 420 Indian Penal Code.
It is alleged in the Complaint Petition that this petitioner took rupees two lac from the Complainant for getting employment of son of Complainant in the Electricity Department. The son of Informant did not get job. The petitioner did not return the money when the son of the Complainant could not get job.
Counsel for the Opposite Party No.2 (Complainant)
Patna High Court Cr.Misc. No.30456 of 2018 (4) dt.29-06-2018 2/2 submits that there is no document to show that rupees two lac was paid by the Complainant.
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 Complaint Case No.241 of 2017, he shall be released 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 Additional Chief Judicial Magistrate, 13th, Saran at Chapra, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) JA/- U T