Tempu Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29936 of 2017 Arising Out of PS.Case No. -51 Year- 2013 Thana -SURYAGARHA District- LAKHISARAI ====================================================== Tempu Tiwari, Son of Late Gulab Tiwari, Resident of Village - Shokahara, P.S. - Fulwaria, District - Begusarai.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ambika Bhagat, Advocate For the Opposite Party/s : Md. Ansarul Haque, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Suryagarha P.S. Case No.51 of 2013 instituted for the offence under Sections 379 and 411/34 of the Indian Penal Code.
As per allegation in the written report the informant withdrew Rs.30,000/- from the Bank and when he kept it in a plastic bag, one boy snatched the bag from him. On chase, he was apprehended and disclosed his name as Gautam Pandey @ Gautam Tiwari.
It is mentioned in the written report that co-accused Gautam Pandey disclosed the name of this petitioner. There is no recovery of any incriminating article from possession of the petitioner. He was not present at the spot.
Patna High Court Cr.Misc. No.29936 of 2017 (3) dt.19-07-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Suryagarha P.S. Case No. 51 of 2013, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, subject to the conditions as laid down under Section 438 (2) 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 petitioner 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) S.