Sunil Tewari @ Sunil Kumar Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45204 of 2023 Arising Out of PS. Case No.-244 Year-2023 Thana- KATIHAR NAGAR District- Katihar ====================================================== SUNIL TEWARI @ SUNIL KUMAR TIWARI son of Sobha Lal Tiwari Village- Sidhart Nagar Naubasta P.S.- Naubasta Dist-Kanpur U.P ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr.Advocate.
: Mr.Kumar Rajdeep, Advocate : Ms. Diksha Kumari, Advocate For the Opposite Party/s :
Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-07-2023 Heard Mr. N.K.Agrawal, learned senior counsel appearing for the petitioner and the learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 01.04.2023 in connection with Katihar Town P.S. Case No. 244 of 2023, F.I.R. dated 02.04.2023 registered for the offence punishable under Sections 419,420,467,468/34 of IPC and Section 63 of Copy Right Act.
3. On search, 15 liter Ashram Gold Oil total 1420 tin Refined Oil and Ashram Gold Brand Refined oil were recovered from the Godown of the petitioner.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.45204 of 2023(2) dt.28-07-2023 2/3 submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. Further submits that the petitioner has no concern at all with the manufacturing of the edible oil in question. In fact the petitioner was working as a Manager and posted at Katihar and the Firm in question is at U.P. and manufacturing has been done at U.P. and the petitioner has no concern at all with the manufacturing of the edible oil in question and the petitioner is only to look after the local person of the concerned at Katihar and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 01.04.2023.
5. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, let the petitioner, above named, 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 C.J.M., Katihar in connection with Katihar Town P.S. Case No. 244 of 2023,with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the
Patna High Court CR. MISC. No.45204 of 2023(2) dt.28-07-2023 3/3 Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T