Vivek Kumar Tiwari @ Vivekanand Tiwari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29946 of 2018 Arising Out of PS.Case No. -403 Year- 2017 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================
1. Vivek Kumar Tiwari @ Vivekanand Tiwari S/o Nitya Nand Tiwari, R/o Vill.- Harakhua, P.S. & District- Gopalganj.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Swami Nath Pandey S/o Late Dr. D.N. Pandey, R/o Malviya Nagar, Ward No. 4, P.S. @ District- Gopalganj.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 406 of the Indian Penal Code and Section 138 of N.I. Act. According to complaint petition, the complainant had advanced money to co-accused Alok Kumar Sinha for the treatment of his wife and Alok Kumar Sinha had promised to execute a sale deed in respect of his land in favour of the complainant. However, later on, Alok Kumar Sinha neither executed the sale deed nor refunded the money and the cheque issued by Alok Kumar Sinha, bounced.
Patna High Court Cr.Misc. No.29946 of 2018 (2) dt.31-05-2018 2/2 Submission is that only allegation against the petitioner is that he had also accompanied Alok Kumar Sinha on different occasion.
Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Complaint Case No. 403 of 2017 , subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) sushma/- U T