Gotam Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1623 of 2018 Arising Out of PS.Case No. -81 Year- 2017 Thana -TEDHAGACHH District- KISANGANJ ====================================================== Gotam Giri S/o Sanatan Giri, Sanatan Giri, All are R/o Banaugarh, P.S.- Teragacch, District- Kishangan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 353, 420, 504 and 506 of the Indian Penal Code.

The prosecution case as per the written report of Satish Kumar, Programme Officer, MANREGA, Teragachh Block, is to the effect that on 08.10.2017, when the informant was returning after inspecting the Matiyari and Dakpokhar Panchayats, with regard to the forged payments being made by Panchayat Rojgar Sewak being the executing agents of the various Panchayat schemes then the petitioner

Patna High Court Cr.Misc. No.1623 of 2018 (2) dt.11-01-2018 2/3 being the husband of the Panchayat Mukhiya threatened the informant on mobile to get the payments made, failing which he will be implicated in a false case.

It is submitted by learned counsel for the petitioner that due to the political rivalry the present case has been lodged. There is no verification with regard to the telephonic conversation between the petitioner and the informant and even assuming the accusation no offence under Section 420 IPC is made out against the petitioner and the thrust of accusation is against the Panchayat Rojgar Sewak. Though, the petitioner is accused in three other cases, but he is on bail in all those cases and all cases have been lodged due to political rivalry.

Considering the accusation against the petitioner related only with regard to threat through mobile when the conversation has not been verified from the mobile service provider, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Kishanganj in connection

Patna High Court Cr.Misc. No.1623 of 2018 (2) dt.11-01-2018 3/3 with Teragachh P.S. Case No. 81 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T