Gunnu Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24972 of 2016 Arising Out of PS.Case No. -224 Year- 2013 Thana -KHIJARSARAI District- GAYA ======================================================

1. Gunnu Tiwari Son of Sri Arun Tiwari Resident of village- Bana Tiwari Bigha, P.S.- KHizarsarai, Ditstrict- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh For the Opposite Party/s : Mr. S. Eheteshmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-06-2016 The certified copy of the First Information Report of Khizarsarai Police Station Case No. 224 of 2013 has been filed on behalf of the petitioner, let the same be kept on record.

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Khizarsarai Police Station Case No. 224 of 2013, disclosing offences under Sections 341, 323, 353, 349, 504/34 of the Indian Penal Code.

Learned Counsel for the petitioner has submitted that the Police, upon completion of the investigation, has submitted report under Section 173 of the Code of Criminal Procedure, 1973, and that the petitioner has not been sent up by the Police for trial as no

Patna High Court Cr.Misc. No.24972 of 2016 (2) dt.22-06-2016 2/2 materials was collected during investigation against the petitioner. The learned Court below has, however, taken cognizance and issued summons to the petitioner, differing with the police report.

Considering the submission, as above, this application is allowed.

Let the petitioner, Gunnu Tiwari, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Additional Chief Judicial Magistrate, Gaya, in connection with Khizarsarai Police Station Case No. 224 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √