IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5715 of 2008 RAM LAKHAN TIWARI @ LAKHAN TIWARI & ORS Versus THE STATE OF BIHAR ----------- 3 15.5.08 Heard both sides. The petitioners have approached this court for grant of anticipatory bail apprehending arrest in connection with Complaint case no.515 of 1999 (Tr.No.526/07) instituted for the offence punishable under Sections 323, 504, 406, 420 & 379 of the Indian Penal Code. As per the complaint, the petitioner no.1 Ram Lakhan Tiwari @ Lakhan Tiwari was running a rice policing mill. The complainant had given 165 and odd quintals of paddy for preparing the same. It is alleged that the petitioner no.1 returned only 52 quintals of rice and the rest rice have not been returned in spite of several demands. As such it has been alleged that the petitioner no.1 has committed offence punishable under Sections 379/ 420 of the Indian Penal Code. In the facts of the case, this court is not inclined to grant anticipatory bail to petitioner no.1 and accordingly his prayer for anticipatory bail stands rejected. So far petitioner nos. 2 & 3 are concerned, general and omnibus allegation has been leveled against them in the concluding portion of the complaint that they abused and one of them snatched the wrist watch. Having considered the text and tenor of the complaint, 2 this court is of the view that the allegation against the petitioner has been made with oblique motive. Considering the aforesaid fact, this court is inclined to grant anticipatory bail to petitioner nos. 2 & 3, namely, Shashi Tiwari and Mantu Tiwari @ Mantoo Tiwari and accordingly they, in the event of their arrest or surrender before the court below within four weeks from today, are directed to be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Aurangabad in Complaint case no.515/1999 (Tr.No.526/07), subject to the conditions as laid down under Section 438 (2) Cr.P.C. Neyaz/ (Kishore K. Mandal, J.)