Amlesh Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 30604 of 2014 Arising Out of PS.Case No. -164 Year- 2012 Thana -RAMGARHAWA DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Amlesh Tiwari S/o Naina Tiwari Resident of Village- Basti Semara, P.S.- Palanwa, District-East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Prem Kumar Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

14-01-2015 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Ramgarhawa P.S. Case No. 164 of 2012 registered for the offence under Sections 302 and 201 of the Indian Penal Code, has prayed for grant of anticipatory bail. It was submitted by learned counsel for the petitioner that F.I.R. was lodged against unknown and no incriminatory material was collected to implicate the petitioner, however; only on suspicion, the petitioner is being made accused. It has further been submitted that investigation is still continuing against the petitioner and no charge-sheet has been submitted. Keeping in view the fact that F.I.R. was lodged

Patna High Court Cr.Misc. No.30604 of 2014 (2) dt.14-01-2015 2/2 against unknown and investigation is going on, the Court considers it appropriate to extend the privilege of anticipatory bail to the petitioner during the pendency of the investigation. Accordingly, let the petitioner, namely; Amlesh Tiwari, be enlarged on bail, in the event of his arrest or surrender within a period of four weeks from today, on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari, East Champaran, in connection with Ramgarhawa P.S. Case No. 164 of 2012, under the provisions as contemplated under Section 438(2) of the Cr.P.C. It is made clear that if during investigation, sufficient material is collected and the petitioner is forwarded as an accused in the chargesheet, this order will come to an end and the petitioner will have to make a prayer for regular bail after surrender.

The petition stands allowed.

(Rakesh Kumar, J.) Anay/- U T