Prem Chand Tiwari @ Prem Chandra Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32407 of 2017 Arising Out of PS.Case No. -91 Year- 2017 Thana -THAKRAHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Prem Chand Tiwari @ Prem Chandra Tiwari, Son of Late Sripati Tiwari, resident of Village- Thakraha, Police Station- Thakraha, District- West Champaran at Bettiah.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Upadhyay Saurabh Kumar,Adv For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Thakraha P.S. Case No. 91 of 2017 instituted for the offence under Sections-420, 467, 468, 406 of the Indian Penal Code and 7 of E.C. Act. As per written report, there is allegation that excess kerosene oil was found in the tanker of M/S Ranjan Jyoti Service, Malahi. An inquiry was conducted by Sub Divisional Officer, Bagaha in which, it was detected that irregularity has been committed by M/S Ranjan Jyoti Service, Malahi in the distribution of Kerosene oil to PDS dealers by entering wrong stock in the register.
In the written report, suspicion has been raised about the involvement of PDS dealers named in the first information report including the petitioner.
Patna High Court Cr.Misc. No.32407 of 2017 (2) dt.13-07-2017 2/2 In this manner, besides suspicion, there is no allegation against this petitioner.
Accordingly, prayer for anticipatory bail is allowed it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Thakraha P.S. Case No. 91 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate, Bagaha, West Champaran.
West subject to condition as laid down u/S 438(2) of the 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 absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners 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) A.K.V./- U T