Ram Nivas Trivedi @ Ram Naresh Tiwari @ Ram Nivas Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58819 of 2018 Arising Out of PS. Case No.-217 Year-2018 Thana- BATHNAHA District- Sitamarhi ====================================================== RAM NIVAS TRIVEDI @ RAM NARESH TIWARI @ RAM NIVAS TIWARI, Son of Sri Lakshayeshwar Tiwari, Resident of Village- Sautiniya, P.S.- Parihar, District- Sitamarhi.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pravin Kumar For the Opposite Party/s :

Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner seeks bail in Bathanaha P.S. Case No. 217 of 2018 registered for the offence punishable under Sections 420/34 of the Indian Penal Code and Section 7 of the E.C. Act. Informant in his written complaint has stated that on receiving secret information that bags of wheat is being transported from a truck for black marketing, he along with SDO Sadar and SDPO Sadar raided a truck and seized 400 bags of wheat and thereafter on the disclosure of the truck driver 47 bags of wheat and 558 bags of rice were recovered from the godown of Umesh Bhagat.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.58819 of 2018(2) dt.26-09-2018 2/3 he is innocent and has been falsely implicated in this case. It has been further submitted on behalf of the petitioner that the petitioner was driving the truck and is the owner of the truck and his truck was hired by Manoj Kumar for transporting the wheat in question. Petitioner is in custody since 20.07.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-Sitamarhi, in connection with Bathanaha P.S. Case No. 217 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in

Patna High Court Cr.Misc. No.58819 of 2018(2) dt.26-09-2018 3/3 that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U