Om Prakash Tiwari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73611 of 2019 Arising Out of PS. Case No.-109 Year-2019 Thana- AKHODHIGOLA District- Rohtas ====================================================== OM PRAKASH TIWARI Son of Late Rajmuni Tiwari Resident of Village - Purusotampur, P.O.- Derwan, P.S.- Kudra, District - Kaimur (Bhabua). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sujeet Kumar For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 379,411/34 of the IPC.
Allegation as per FIR is that on 05.06.2019 at about 9.50 am while he was law and order duty he conducted raid of illegal mines and transportation. During course of raid he found an overloaded tractor with sand coming from Acharkotha on Akorhigola road. Intercepted near Kali Mandir. It is further stated that seeing the Anchal Guard and Anchal Adhikari the driver of the tractor fled away. The tractor was seized and the FIR has been registered.
Learned counsel for the petitioner submits that petitioner has committed no offence and falsely been implicated
Patna High Court CR. MISC. No.73611 of 2019(2) dt.21-11-2019 2/2 due to ulterior motive to extort illegal gratification. In the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, 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 Judicial Magistrate, Dehri in connection with Akorhigola P.S. Case No.109/2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) Prakash Narayan /- U T