Bhola Munshi @ Awadhesh Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25414 of 2018 Arising Out of PS.Case No. -26 Year- 2018 Thana - KUCHAIKOTE District- GOPALGANJ ===================================== Bhola Munshi @ Awadhesh Tiwary S/o Dinanath Tiwary, R/o Vill.- Balthari, P.S.- Kuchaikot, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Upadhyay For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-05-2018 The petitioner seeks bail in connection with Kuchaikot P.S. Case No. 26 of 2018 dated 27.01.2018 instituted for the offences under Sections 341, 323, 325, 379, 307, 504, 506 of the Indian Penal Code.

The informant, who is the driver of a truck, has alleged that on 26.01.2018 while he was crossing Jalalpur check-post, he was asked by one of the constables standing near the check-post to meet one Rajendra and the petitioner. He was taken before the aforesaid Rajendra and the petitioner where he was asked for Rs. 5000/-. When the informant made them understand that he had already obtained receipt/tax of Rs. 1100/-, he was assaulted and was divested of Rs. 10,000/- which he was carrying on his person. Later, he was made to sleep on the road and only when petitioner and aforesaid Rajendra thought that he had

Patna High Court Cr.Misc. No.25414 of 2018 (3) dt.17-05-2018 2/2 died, they left the place of occurrence.

The learned counsel for the petitioner has submitted that an absolutely false and concocted case has been lodged by the informant who was trying to run away from the checkpost without paying the tax. It has further been submitted that the petitioner, at the relevant time, was employed as private driver of aforesaid Rajendra who was the R.T.O. posted at the aforesaid place. Only because the informant was asked to pay toll tax, he has chosen to file the present case.

Be that as it may, there was no occasion for the petitioner to have done anything to the informant as he is only a privately employed driver with the R.T.O/accused. The petitioner is in custody since 18.03.2018 and does not have any criminal antecedent.

Considering the aforestated facts, the petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 7th, Gopalganj in connection with Kuchaikot P.S. Case No. 26 of 2018.

(Ashutosh Kumar, J) Shageer/- U T