Tiwari Baba @ Tiwari Bab @ Rakesh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62385 of 2021 Arising Out of PS. Case No.-184 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== TIWARI BABA @ TIWARI BAB @ RAKESH TIWARI S/o Baban Tiwari Resident of Village- Bostiya Mudwa, P.S.- Palanwa, District- East Champaran. Presently residing at Krishan Petrol Pump, Haribatika Chowk, Bettiah, P.S.- Bettiah (M), District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 14-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Bettiah (M) P.S. Case no. 184 of 2021 registered under sections 341, 323, 384, 308, 420, 406 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the alleged truck which was hired by the informant for carrying wheat was attached to the transport agency of the petitioner and the petitioner is commission agent in that agency and owner of

Patna High Court CR. MISC. No.62385 of 2021(2) dt.14-06-2022 2/3 the truck was other person and the petitioner has no concern with the driver and other staff of the truck. After occurrence, Panchyati meeting was held in between the petitioner and the informant and according to the decision of the Panchyat, petitioner had paid Rs 2,50,000/- and rest amount was not concerned with the petitioner as same might be concerned with the truck owner. In this regard, informant remained silent in his complaint petition which was filed after one month of the occurrence. The petitioner has got one criminal antecedent in which he is on bail.

Learned APP opposes the prayer for anticipatory bail. Considering the above submissions and the facts that alleged truck was hired from the transport agency of which the petitioner has claimed to be commission agent and according the petitioner's submission, he has paid about 50% of cost of alleged misappropriate wheat, let the above named petitioner, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah (M) P.S. Case no. 184 of 2021 subject to condition as laid down under section 438(2) Cr.P.C.

Patna High Court CR. MISC. No.62385 of 2021(2) dt.14-06-2022 3/3 Office shall ensure that all defects are removed by the petitioner within the stipulated time mentioned hereinabove, failing which the matter shall be brought to the notice of this Court.

(Shailendra Singh, J) s.hassan/- U T