Prakash Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7997 of 2018 Arising Out of PS.Case No. -3 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Prakash Tiwari son of Surendra Tiwari, Resident of Village/MohallaEkauna Math, Ward No. 26, P.S. town Motihari, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 30-03-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Turkauliya (Banjariya) P.S. Case No. 03 of 2017 instituted for the offence under Section(s) 420, 406, 467, 468, 471, 387, 386 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner is neither an officer nor staff or employee of Manav Kalyan Trust. He has no concern with the activity of Manav Kalyan Trust. He never induced or facilitated any person to pay a single farthing in the name of Manav Kalyan Trust. In the written report, there is allegation that FIR named persons have taken money from different persons in the name of Manav Kalyan Trust and kept the same for their personal

Patna High Court Cr.Misc. No.7997 of 2018 (3) dt.30-03-2018 2/2 use illegally.

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 Turkaulia (Banjariya) P.S. Case No. 03 of 2017, 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, East Champaran, Motihari, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) shakir/- U T