Sambhu Tiwari v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.34917 of 2017 (4) dt.07-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34917 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -PANCHRUKHI District- SIWAN ======================================================

1. Sambhu Tiwari Son of Tega Tiwari, R/o Village- Piparahiya, P.S.- Isuapur, District- Saran, Bihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sri Pramod Kumar Son of Late Sudama Singh, R/o Village- Guljana, P.O.- Ark Diwariya, P.S.- Tikaari, District- Gaya at present posted as Block Supply Officer Pachrukhi, P.S.- Pachrukhi, District- Siwan. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-11-2017 The petitioner seeks regular bail in connection with Pachrukhi P.S. Case No. 102 of 2017, registered for offences punishable under Sections 420, 467, 468, 471, 274, 275, 120B/34 of the Indian Penal Code.

Allegation against the petitioner is of carrying 12,000 litres of white chemical to be used for manufacturing of adulterated petrol and diesel.

It has been submitted on behalf of the petitioner that F.I.R itself shows that the petitioner is a driver and owner of the truck is some other person and the seized chemical was to be delivered to some other person. Further petitioner has been in judicial custody since 25.05.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.34917 of 2017 (4) dt.07-11-2017 the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned CJM, Siwan, in connection with Pachrukhi P.S. Case No. 102 of 2017,subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T