Anant Kumar Tiwari Alias Pappu Tiwari Alias Anand Alias Chappu Tiwari Vs. the State of Jharkhand - Court Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 2416 of 2013 … Anant Kumar Tiwari @ Pappu Tiwari @ Anand @ Chappu Tiwari ... Petitioner -V e r s u s- The State of Jharkhand ... Opposite Party … CORAM: HON’BLE MR. JUSTICE PRASHANT KUMAR. … For the Petitioner : - Mr. Jitendra S. Singh, Advocate For the State : - Mr. S. Mahto, A.P.P. … 03/20.09.2013 Anticipatory bail application filed by Anant Kumar Tiwari @ Pappu Tiwari @ Anand @ Chappu Tiwari, is moved by Sri Jitendra S. Singh, learned counsel for the petitioner and opposed by Sri S. Mahto, learned Additional P.P. for the State. This is a case under Sections 379 & 385 of the I.P.C. It is stated that the petitioner is the recovery agent of State Bank of India. It is further stated that father-in-law of complainant purchased a tractor on the basis of hire purchase Agreement. Thereafter, he died. It is further stated that after the death of father-in-law, complainant came in possession of the said tractor, but he is not depositing the installments of loan. Accordingly, petitioner went to the house of complainant and re-possess the vehicle as per the hire purchase Agreement. It has been held by the Hon'ble Supreme Court in Charanjit Singh Chadha Vs. Sudhir Mehra reported in AIR 200.(SC) 3721 that if repossession of any goods taken as per the terms of the Agreement, the same will not constitute any criminal offence. Considering the aforesaid facts and circumstances, I allow the anticipatory bail application and direct petitioner to surrender in the court below on or before 01.10.2013 and in the event of his surrender, the learned court below is directed to enlarge the petitioner, above named, on 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, 1st Class, Sahibganj, in connection with P.C.R. No. 415 of 2012, subject to the condition as laid down under section 438(2) of the Cr.P.C. ( Prashant Kumar, J.) sunil/