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Patna High CourtCR. MISC./51200/2018dismissed

Vipin Kumar Tiwari And ANR v. The State Of Bihar

2018-09-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51200 of 2018 Arising Out of PS.Case No. -120 Year- 2018 Thana -MOHANIYA District- BHABHUA (KAIMUR) ======================================================

1. Vipin Kumar Tiwari, S/o Sri Awadhesh Kumar Tiwari, R/o Vill.- Dadi. P.O.- Sagra, Sunderpur, P.S.- Jathwara, District- Pratapgarh, (U.P.).

2. Umesh Pratap Singh S/o Late Bahadur Singh, R/o Vill.- Sarai Makai, P.O.- Babuganj, P.S.- Jathwara, District- Pratapgarh (U.P.). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-09-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Mohania P.S.Case no.120 of 2018 registered for offences punishable under Sections 420, 467, 468, 471, 472, 406 and 34 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that the complainant has engaged two trucks of the petitioner and later on on physical verification the chassis number and the plate number were found manipulated.

Submission of the learned counsel for the petitioner is that he has given trucks to the driver and the driver is responsible for that and he has also filed a complaint case against the driver.

Patna High Court Cr.Misc. No.51200 of 2018 (2) dt.12-09-2018 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail. .

Having heard both sides and in view of the fact that the chassis number and the plate number of the truck were found manipulated, which appears from the FIR itself and the petitioner is the owner of the truck as such, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit .

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T